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Disclaimer
Spain
The Embassy of Spain,
Kiev has entered into a contract with VFS for provision of visa processing
services in
Ukraine . Subsequently, VFS has appointed RNT, as the Service Partner to
provide these services.
Thus the Spanish Visa Application Centre is a service provided for the Embassy
of Spain in
Ukraine , by RNT on behalf of VFS.
RNT provide logistic services to visa applicants seeking an entry into the
Spain and is only responsible for the following:
1) To receive from an applicant his/her passport, completed visa form,
supporting documentation (collectively, the "Documents") and the applicable
fees.
2) To submit the Documents to the Embassy of Spain on behalf of the applicant.
3) To collect the relevant Documents back from the Embassy of Spain after
completion of all formalities, and return the relevant Documents back to the
applicant by hand delivery to the applicant.
Other Conditions:
Notwithstanding anything else to the contrary, the Embassy of Spain reserves
the right to ask for further documentation and to refuse the visa application.
In certain cases, instead of the aforesaid procedure, the Embassy of Spain will
hand over the relevant Documents to the Applicants directly. In such cases, RNT
shall not be responsible for any loss or damage to the Documents, in any manner
whatsoever.
It must be noted that the grant or refusal of the Spanish visa is at the sole
discretion of the Embassy of Spain and RNT is neither involved in the process
nor is liable or responsible in any manner whatsoever for any delay in
processing or grant or rejection of the visa application of any applicant by
the Embassy of Spain.
RNT takes every reasonable precaution while handling the Documents of
applicants. However, RNT shall not be responsible in any manner whatsoever to
the applicant for any Documents which are lost in transit by accident, theft,
natural calamities (act of god) or any other reason outside the control of, or
not arising out a willful of RNT. The applicant agrees and accepts that RNT
neither controls the Embassy of Spain nor does it control or operate the
services provided by them. Hence, RNT will not be liable or responsible in any
manner whatsoever for the loss or damage of applicant's documents due to any
default on the part of the Embassy of Spain.
The applicant agrees and accepts that the courier acceptance and delivery
service through which the Documents are returned to the applicants by RNT is
operated by a third-party. RNT does not control or operate any courier company,
neither does it control or operate any facility or service provided by the
courier company. RNT disclaims any and all liability for any loss or damage
caused to the applicant in the event that his/her Documents are delayed/
misplaced/ lost/ damaged by the courier company, whether such delay/
misplacement/ loss/ damage result from negligence, accident or any other cause.
In no event shall RNT and/or its representatives be liable for any direct,
indirect, punitive, incidental, special, consequential damages or any damages
whatsoever due to such delay/misplacement/ loss/ damage of the Documents,
including the applicant's passport. Without prejudice to the aforesaid, RNT
and/or its representatives sole and exclusive liability in case a passport is
lost or damage in transit, is limited/restricted to the reimbursement of the
amount of fees charged by The Immigration Department of the Ministry of
Internal Affairs, through normal application procedure. Such reimbursement of
the fee amount will be made by RNT to the applicant only on the presentation by
the applicant of the payment receipt issued by The Immigration Department of
the Ministry of Internal Affairs of Ukraine. The applicant agrees that the
foregoing limitation of liability is an agreed allocation of risk between the
parties and this limitation of liability is and shall be an integral part of
this disclaimer.
The application fees once received by RNT from the applicant will not be
refundable under any circumstances, irrespective of whether or not the desired
visa is granted by the Embassy of Spain to the applicant. Advertising material
may accompany the relevant Documents at the time they are returned to the
applicant.
If the applicant does not wish to receive any such advertising material along
with the relevant Documents, the applicant must intimate the RNT in advance at
the time of submitting the Documents. Please note that no advertising material
accompanying the relevant Documents has the endorsement of the Embassy of Spain
RNT, in its sole discretion, may change, amend, cancel or withdraw any or all
of the terms and conditions mentioned herein at any time without any prior
notice. No employee of RNT has any authority whatsoever to change/amend/amplify
or withdraw any or all of the terms and conditions mentioned herein without the
prior written approval of RNT.
Any claims or disputes arising in relation to the services provided by RNT to
applicant shall be subject to the exclusive jurisdiction of the courts in
Ukraine
.
The applicant hereby accepts and confirms that the applicant and/or his/her
representative, prior to submitting the visa application, has read, understood
and agreed to be bound by, without limitation or qualification, all of the
terms, conditions and details provided herein.
SMS
Disclaimer and Terms and Conditions
1. The Short Messaging Service
('SMS') provided to Visa Applicants is to update on current status to the
applicant with regards to Visa Application Process. The information provided by
SMS is based on the information provided by the Spanish Embassy in
Kiev,
Ukraine
. While VFS
ensures
that information is made available to the visa applicant promptly and
accurately, the Visa Applicant shall at all times be responsible for providing
and maintaining an SMS text compatible mobile phone number where VFS can send
text messages regarding the
status of the Visa Application to the Visa Applicant. The Visa Applicant is
responsible for ensuring connection to a mobile network capable of receiving
the SMS Services. The Visa Applicant understands that if The Visa Applicant 's
mobile phone is switched
off, disconnected for any reasons or is out of coverage for a period of 24
hours or more, The Visa Applicant's mobile network provider may delete any SMS
messages to be received by The Visa Applicant.
2. The Visa Applicant confirms that the Visa Applicant
has provided the accurate mobile number for receiving SMS and that the Visa
Applicant is the owner or its legitimate user, or that the Visa Applicant has
the consent of the owner or legitimate user, of the mobile phone using for the
Services. The Visa
Applicant
acknowledges that using another person's mobile phone/providing inaccurate
mobile phone number/unauthorized use of mobile phone number for receiving the
SMS may entail disclosure of Visa Applicant 's confidential information which
disclosure shall
be at the sole risk of the Visa Applicant.
3. The Services, once purchased, will be available to the Visa Applicant from
the time of application till complete processing of the application or such
other period as VFS may advise via our website located
at
www.espvac-ua.com.
VFS reserves the right to withdraw this service at any time and without notice.
4. The Visa Applicant must not use (or permit any third party to use) the SMS
Service to send any message
or communication which is Spam, illegal, offensive, abusive, indecent, obscene
or menacing or causes annoyance, inconvenience or needless anxiety or infringes
the rights of third parties. VFS reserves the right to withdraw the SMS service
to such Visa
Applicant if The Visa Applicant is in breach of this paragraph 4. VFS may also
withdraw the Services if VFS in its sole discretion apprehends that the SMS
service is being used for such purposes.
5. For operational reasons VFS may vary the technical specification
of the Services with or with out notice. In the event of any change to the
Service these Terms and Conditions is to be treated as varied accordingly.
6. The time to deliver the SMS is dependent on several factors such as upon the
traffic on the
mobile network and whether The Visa Applicant mobile phone is within reach and
switched on and cannot therefore be guaranteed by VFS. VFS is not a mobile
network operator and does not guarantee the delivery of SMS text messages.
7. The Visa Applicant acknowledges
that the SMS Services may, at any time, be adversely affected by problems with
The Visa Applicant mobile phone network, force majeure events including,
without limitation, interference to the network coverage. VFS is not
responsible or liable to
The Visa Applicant for any loss, damage or expenses incurred directly or
indirectly by The Visa Applicant as a result of any difficulties experienced by
the Visa Applicant's mobile phone service provider. Subject to the constraints
described within this
paragraph
7, VFS shall carry out the services with reasonable care and skill
8. If The Visa Applicant does not receive SMS relating to these Services. The
Visa Applicant should inform VFS through email or Helpline numbers.
9. The SMS service delivers the
Visa Application Status based on the information received by VFS from the
Spanish Embassy,
Ukraine
.
10. To use the Services, The Visa Applicant should refer to the instructions
available on the
www.espvac-ua.com.
The Visa Applicant agrees to comply with all instructions we may give
concerning the Services, including any security instructions. We will be
entitled to treat any failure by Visa Applicant themselves to comply with these
instructions as a breach
of these Terms and Conditions, which will entitle us to deny Visa Applicant
access to the Services.
11. The Visa Applicant is responsible for paying charges for the message
origination. Charges once paid for SMS service will not be refunded under any
circumstances.
12. The Visa Applicant shall at its sole risk be responsible for taking all
reasonable steps to prevent unauthorized persons gaining access to the
Services.
13. While VFS takes every precaution transmission of information to transmit
information. VFS shall not be responsible or liable for any
unforeseen events and circumstances beyond the reasonable control of VFS.
14. VFS may in its sole discretion temporarily suspend the provision of the
Services if such provision could materially
affect the
quality of any telecommunications service, including the Services, provided by
VFS.
15. VFS specifically excludes all liability of any kind (including negligence)
in respect of any third party information or other material made available on,
or
which can be accessed using SMS text services.
16. This Terms and Conditions is governed by the law of
Ukraine
and both
parties submit to the exclusive jurisdiction of the courts in
Kiev,
Ukraine
.
Data Protection Notice
1.
Collection of data
The
privacy and
protection of personal data is very important to VFS, including all its other
brands and affiliates. VFS complies with any mandatory data protection
legislation when collecting and processing personal data. Whenever you are in
the process
of applying for SMS Service through a visa application centre we may collect
and store (subject to Embassy guidelines), as the case may be, the following
information: Your Full Name, Your Mobile Number & Email id, Your Language
Preference of SMS,
and the country for which you have applied for a VISA for the purposes of
processing your visa application.
2.
Disclosure to third parties
In accordance with all mandatory data protection legislation your data may be
disclosed to third parties processing
data on behalf of. In this context your data may also be transferred abroad.
Your data may be disclosed within VFS to other than the collecting entity. Data
may be used by these other VFS entities to the same extent as the collecting
VFS entity is entitled
to use it. Your data is treated as confidential and will not be disclosed to
third parties, save for the purpose of VFS fulfilling its contractual
obligations vis-à-vis you, or if required under mandatory law, particularly if
requested by the competent
authorities or for the purpose of enforcing VFS's rights.
3.
Use of data
Collected data will be processed in good faith and will be used in order to
transmit your Visa Application status via SMS & Email. We do not intend to
use your information for any other
purpose, except that if you have given consent, we may use your information for
the purposes of sending you related marketing information (such as airline
advertisements), which is normally included by us when we return your passport
to you and/or sent
to you by e-mail if you have given us an e-mail address. Please contact
Spain
Visa Application Centre for further clarifications.
Your information is held by us in the computer server(s) located in
UK
,
London
and
India
, Mumbai.
It will also be accessed and held by our affiliates currently
based in
India
.
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