Terms
Terms of Service
Effective Date: May 27, 2026
Welcome to iVisa, a service provided by Document Advisor, Inc. (“iVisa”, “we”, or “us”). This document explains the terms under which you may use our online and/or mobile services, including the iVisa website, our mobile applications and other software provided in connection with our services, the content we publish on the websites, video platforms, blogs, and other online resources (collectively, “Content”), and any products or services you obtain through our websites or applications, including travel documents (all of which we collectively refer to as the “Service”).
This is Our Contract
By accessing or using the Service, or by clicking a button or checking a box marked “Accept” (or something similar), you signify that you have read, understand, and agree to be bound by these Terms of Service (this “Agreement”), any other contract terms you agree with, and to the collection, use, and certain disclosures of your information as set forth in our Privacy Policy. This Agreement applies to all visitors, users, and others who access or use the Service, whether or not you establish an account with our Service (“Users”). Please review this Agreement carefully. If you do not agree to the terms in this Agreement, you do not have the right to access or use our Service. If you do register for an account or otherwise use our Service, you shall be deemed to confirm your agreement to be a party to this binding contract.
In this Agreement, the terms “you” and “yours” refers to each User, or in the case of a use of the Service by or on behalf of a minor, “you” and “yours” refer to and include (i) the parent or legal guardian who provides consent to the use of the Service by such minor or uses the Service on behalf of the minor, and (ii) the minor for whom consent is being provided or on whose behalf the Service is being utilized. Notwithstanding the foregoing, the Service is not intended for individuals under the age of eighteen (18) to use without their parent or guardian supervision and approval, and individuals under the age of eighteen (18) are prohibited from using all or any part of the Service or entering into this Agreement without such supervision and approval. Please contact us if you are a parent or legal guardian of an individual under the age of eighteen (18) who you believe has used the Service without your consent.
IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING TO RESOLVE ANY DISPUTE BETWEEN YOU AND iVISA (WITH LIMITED EXCEPTION) THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY THE SECTION ENTITLED "SETTLING DISPUTES BETWEEN YOU AND IVISA" AND THE SUBSECTIONS ENTITLED “CLASS ACTION WAIVER” AND “ARBITRATION AGREEMENT,” WHICH CONTAIN A CLASS ACTION WAIVER AND JURY TRIAL WAIVER FOR NON-ARBITRABLE DISPUTES.
User Accounts, Information, and Passwords
You are welcome to browse our websites and our other publicly available Content without creating a User account, but you must register and provide the information necessary to create an account in order to use our mobile applications, place an order on our website, or utilize any other parts of our Service. We refer to this as your "Basic User Information". We encourage you to use a distinct and non-obvious password that is different from passwords you use for any other service, and ensure that you log out of your account at the end of each session when accessing the Service. You are responsible for maintaining the accuracy, completeness, and confidentiality of your Basic User Information, and you will be responsible for all activities that occur under your account, including activities of others to whom you have provided your Basic User Information. We will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your Basic User Information secure. If you discover any unauthorized use of your Basic User Information or suspect that anyone may be able to access your private Content without authorization, you should immediately change your password and notify our Customer Support team.
Your Relationship with Us
By accepting this Agreement, you acknowledge and agree that iVisa is not owned, operated, sponsored, endorsed by, or affiliated to any government or governmental agency and that by using the Service, you are not obtaining legal or other regulatory advice from iVisa. This remains true even if you obtain any travel documentation from us. The Content we provide is for information purposes only and is not a substitute for legal advice. iVisa recommends you obtain advice from your legal advisor regarding your visa and other documentation requirements.
Additionally, if you elect to obtain documentation from us, you consent to us using electronic and phone communications, including unencrypted email, chat or calls within our iVisa website and/or our mobile applications, and other information technology, or other means to enable communications with you, including the sharing of your personal information with you and other parties as described in our Privacy Policy . You acknowledge you are assuming the risks associated with transmitting data over the Internet or other telecommunication services.
When using our Service, you are establishing a direct customer relationship with us in connection with your purchase of any of our products sold directly to you by iVisa via the Service.
Privacy and Security
By using the Service, you consent to the collection, use, and disclosure of your Personal Information and aggregate and/or anonymized data as set forth in our Privacy Policy. We care about your privacy and the security of your Personal Information and we and you each have responsibilities in this regard. Of course, you will need to obtain a computer to access your account through a web browser or by installing our mobile applications on your personal computing devices. (Obtaining those devices and paying for their connectivity and data plans is your responsibility.) In addition, persons with access to your computer, phone, or mobile or other devices may be able to access the Service and information about you, including Personal Information, contained in the Service. It is your responsibility to affirmatively logout from your account when you are not actively using it. iVisa assumes no responsibility for the security of your computing devices, communications choices, the availability or security of the Internet or other telecommunication services necessary to access the Service, including any communications between you and our Service.
We are focused upon protecting your information in our possession against unauthorized access, and we implement a number of security measures to do so, some of which are described in our Privacy Policy. However, the Service runs on software, hardware, and distributed computer networks, any component of which may, from time to time, require maintenance or experience problems or breaches of security beyond our control. Accordingly, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your Personal Information for improper purposes. You acknowledge that you provide your Personal Information at your own risk.
Your Rights in Using the Service
Once your account is created, we grant you a limited, non-exclusive, license to use the Service subject to this Agreement until you close your account voluntarily or until we close your account pursuant to this Agreement. In addition, we grant you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use our mobile applications, for the sole purpose of enabling you to use the Software and enjoy the benefits of the Service, subject to any applicable license terms provided with the mobile applications and this Agreement (including the Apple-Enabled Product Terms set forth below, until your rights are terminated in accordance with such license or this Agreement. You do not obtain any other right or interest in iVisa or the Service.
You retain all of your rights in your Personal Information and other data you submit to us through your account, subject to the terms of this Agreement that provide certain rights to iVisa with respect to such data, as described below, so we can process your data, provide the Service, and take certain other actions described in this Agreement and our Privacy Policy. Other than this limited license and other rights you grant in this Agreement, iVisa acknowledges and agrees that we do not obtain any right, title, or interest from you under this Agreement in any of your Personal Information or other data you submit to us.
iVisa’s Rights in the Service
By agreeing to this Agreement, and using the Service, you acknowledge and agree that iVisa has a variety of rights in the Service and the data and Content generated by the use of the Service. These rights include:
Data Rights
In order to enable us to operate the Service, we must obtain from you certain rights to process the data you submit to us, including your Personal Information, so that technical actions and data processing we take in operating the Service are not considered legal violations.
Accordingly, by using the Service and uploading data, you are granting iVisa a license to process such data, and to, display, perform, and distribute it to you in your account and on your mobile applications and to modify (for technical purposes, e.g., making sure content is viewable on smartphones as well as computers and other devices) and reproduce such data to enable us to operate the Service.
You agree that these rights and licenses are royalty free, transferable, sub-licensable, worldwide, and irrevocable (for so long as your data is stored with us), and include a right for iVisa to make such data available to, and pass these rights along to, others with which iVisa has contractual relationships related to the provision of the Service, solely for the purpose of providing such services, and to otherwise permit access to or disclose your data to third parties if iVisa determines such access is necessary to comply with its legal obligations or is necessary to perform the Services you requested.
Intellectual Property Rights
By using the Service, you acknowledge and agree that all rights in the Service, including the software that is part of the Service (the “iVisa Software”), and all Content, are protected by various intellectual property rights, such as copyright, trademark, patent, trade secret, and other laws, regulations, and treaties, in addition to the terms in this Agreement. Unless otherwise specified by iVisa in a separate license, your right to use any of the Service or the Content is subject to this Agreement and all rights in the Service and Content are reserved by iVisa. You agree that iVisa (and its licensors, as applicable) own all rights, title, and interest in and to the Service (including moral rights and related documentation). In particular, you agree to not modify, create derivative works of, decompile, or otherwise attempt to extract source code from any iVisa Software, unless you are expressly permitted to do so under an open source license, we give you express written permission, or you are otherwise legally permitted to do so notwithstanding this prohibition. iVisa’s stylized name, logo, and other related graphics, and any service marks and trade names used on or in connection with the Service are iVisa’s trademarks and may not be used without permission, including in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Service are the property of their respective owners.
Feedback
When you submit any ideas, suggestions, documents, and/or proposals relating to the Service (or other products or services) to iVisa (other than your Personal Information) through email, phone call, a social media channel, chat or text messages through our mobile applications or web sites, or through any other channel or mechanism (collectively, “Contributions”), you acknowledge and agree that:
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Your Contributions do not contain confidential or proprietary information;
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iVisa is not under any obligation of confidentiality, express or implied, with respect to the Contributions;
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iVisa shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way;
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iVisa may have something similar to the Contributions already under consideration or in development;
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Your Contributions automatically become the property of iVisa without any obligation of iVisa to you; and
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You are not entitled to any accounting, compensation or reimbursement of any kind from iVisa under any circumstances.
When Submitting any Contributions, you warrant to us that any holder of any worldwide intellectual property or other right, including moral rights, in such Contributions has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant rights stated above to us. If a Contribution you make contains Personal Information, iVisa’s rights under this section with respect to the use or disclosure of such Personal Information will be limited as and to the extent required under applicable law.
Right to Modify the Service
We retain the right, in our sole discretion, to implement new elements as part of and/or ancillary to the Service, including changes that may affect the previous mode of operation of the Service or iVisa Software. We expect that any such modifications will enhance the overall Service, but it is possible that you may not agree with us. We also reserve the right to establish limits to the nature or type of results available to you, the number of documents obtained, the ability to send or receive messages, the nature or size of any repository of information, the nature of, or your continued ability to access or distribute, your data, Content, or other data, and impose other limitations at any time, with or without notice. For example, we may at some point charge fees for certain components of the Service that did not previously have a fee.
You also acknowledge that a variety of iVisa actions may impair or prevent you from accessing or using the Service at certain times and/or in the same way, for limited periods or permanently, and agree that iVisa has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any data or Content. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of any part of the Service.
Right to Engage Third Parties
iVisa engages certain affiliates or other third parties (“Service Providers”) to provide technical or other services relating to all or part of the Service, and you hereby agree that such involvement by these Service Providers is acceptable. In addition, iVisa may contract with third party sellers of certain related products and other ancillary elements used in the Service, and payment processors to enable payments in your local currency and payment systems. Please see our Privacy Policy to understand the extent to which any affiliate or third party may have access to your Basic User Information, Personal Information, or other data and our Commercial Terms to understand our relationship with any third party product seller or payment processor.
Third-Party Software
iVisa may from time to time include as part of the Service and iVisa Software computer software supplied by third parties which is utilized by permission of the respective licensors and/or copyright holders on the terms provided by such parties. Information regarding certain third-party software used in the Service, including certain licensing terms and disclaimers, is accessible under “Acknowledgments” in the General settings of the iVisa mobile applications, where applicable. Be advised that your use of such third party software is governed by the respective terms provided by those third parties. Without limiting any other provision in this Agreement, iVisa expressly disclaims any warranty or other assurance to you regarding such third-party software.
Right to Update Our Software
In connection with any modification of the Service, iVisa may automatically download software updates on your computing devices from time to time with the intention of improving, enhancing, repairing, and/or further developing the Service. iVisa will endeavor to provide you with the option of whether or not to install the update; however, in certain circumstances (e.g., security risks), iVisa may require you to install the update to continue accessing the Service. In all cases, you agree to permit iVisa to deliver these updates to you (and you to receive them) as part of your use of the Service.
Right to Monitor
iVisa reserves the right to monitor use of the Service at any time as it deems appropriate and to remove any materials that, in iVisa’s sole discretion, may be illegal, may subject iVisa to liability, may violate this Agreement, or are, in the sole discretion of iVisa, inconsistent with iVisa’s purpose for the Service.
Requirements for Use of the Service
The nature of our Service requires that we impose certain conditions upon your use, and that you acknowledge certain cautions in using the Service, as follows:
Your Content
Any content that is submitted to us or to the Service by Users of our Service, or otherwise added, uploaded, distributed, or posted to the Service or any of our social media channels or sites, whether publicly or privately transmitted, including, without limitation, product reviews, survey responses, comments, videos, or written materials (collectively, “User Content”), is the sole responsibility of the person who originated and/or published such User Content. User Content also includes content provided by individuals through third party services such as their social media account (e.g., Facebook, YouTube, Instagram, Twitter, etc.) if such User Content mentions, tags, or otherwise interacts with iVisa, our Content, the Service, or any of our products or Service. If you elect to publish any User Content, you represent that such User Content is accurate, complete, up-to-date, and in publishing such User Content you are acting in compliance with all applicable laws, rules, and regulations. User Content that you submit must not:
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Contain any content that infringes intellectual property rights, data protection, publicity, or privacy rights of an individual;
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Be defamatory or threatening;
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Impersonate any person or entity;
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Contain unauthorized advertising; or
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Transmit or distribute any virus and/or other code that has contaminating or destructive elements.
We make no representations, warranties, or guarantees with respect to any User Content that you access on or through the Service or any of our social media channels or sites.
By submitting User Content through the Service or any of our social media channels or websites, you hereby grant us a worldwide, perpetual, irrevocable, non-exclusive, sub-licensable (through multiple tiers), fully paid, royalty-free license and right to use, copy, transmit, distribute, publicly perform, and display (through all media now known or hereafter created), edit, modify, and make derivative works from your User Content (including, without limitation, your name and likeness, photographs and testimonials) for any purpose whatsoever, commercial or otherwise, without compensation to you. You also hereby do and shall grant each user of our websites, social media channels, and/or the Service a non-exclusive, perpetual license to access your User Content through such websites, social media channels, and/or the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display, and perform such User Content, including after your termination of use of the Service. In addition, you waive any so-called “moral rights” or rights of privacy or publicity in your User Content. For clarity, the foregoing license grants to us and our users does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third-party rights, including, without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
Verify Travel Documents
When we send you your travel document (visa, photo, or passport), it is important and your responsibility to immediately verify that all the document information is correct and complete. We will endeavor to correct any deficiency in the documentation, provided that you timely notify us of the problem. If you fail to observe any deficiency and embark on your travels, you shall be responsible for the consequences arising from such deficiency. In addition, you must ensure that your passport is valid for at least six months after the start of your trip. You should also ensure that your email service does not block our delivery of travel documents sent via email, due to spam filters or otherwise, so please add our domain to your “white list” of domains, and be sure to check your spam folder if you fear there is a delay in delivery of your documents. You may also obtain certain travel documents from your account in the Service.
Prohibitions
You are prohibited from using or attempting to use the Service for:
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Any unlawful, unauthorized, fraudulent or malicious purpose;
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In any manner that could damage, disable, overburden, or impair any server, or the network(s) connected to any server;
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In any manner that could interfere with any other party’s use and enjoyment of the Service;
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To gain unauthorized access to any other accounts, computer systems, or networks connected to any server or systems through hacking, password mining or any other means;
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To access systems, data, or information not intended by iVisa to be made accessible to a User To obtain any materials, or information through any means not intentionally made available by iVisa;
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To obtain any materials, or information through any means not intentionally made available by iVisa;
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To reverse engineer, disassemble or decompile any iVisa Software or other technology on the Service; or
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for any use other than the business purpose for which it was intended.
In addition, in connection with your use of the Service, you agree you will not:
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Upload or transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic, or that may invade another’s right of privacy or publicity;
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Create a false identity or duplicative accounts for the purpose of misleading others or impersonate any person or entity, including, without limitation, any iVisa representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
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Upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
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Upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, spyware or any other similar software or programs that may damage the operation of another’s computer or property of another;
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Delete any author attributions, legal notices, or proprietary designations or labels that you upload to any communication feature;
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Use the Service’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);
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Upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “phishing” or any other form of solicitation, commercial or otherwise;
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Violate any applicable local, state, national or international law;
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Upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party;
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Delete or revise any material posted by any other person or entity;
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Manipulate or otherwise display the Service by using framing, mirroring or similar navigational technology;
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Probe, scan, test the vulnerability of or breach the authentication measures of, the Service or any related networks or systems;
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Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any services or any contests, promotions or sweepstakes if you are not expressly authorized by such party to do so;
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Harvest or otherwise collect information about others, including email addresses;
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Use any robot, spider, scraper, or other automated or manual means to access the Service, or copy, download, distribute or reproduce any content or information on the Service; or
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Assist or permit any person in engaging in any of these activities.
iVisa reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of a User's access and/or account. iVisa may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong.
Except as may be provided in the Privacy Policy or prohibited by applicable law, iVisa reserves the right at all times to disclose any information as iVisa deems necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in iVisa’s sole discretion.
Precautions
In using the Service, you acknowledge that use of the Service does not guarantee any particular result. This means that: (i) there is no guarantee that the use of the Service and our products will assure you of obtaining the documentation required for your desired travel; and (ii) you are solely responsible for determining the documentation required to enable your desired travel, and the sufficiency of documentation you obtain from our Service for your purposes. Please review the information and educational items we publish on our website, our social media outlets, and in our mobile applications for additional guidance on these issues.
Reliance on Information Posted
The information presented on or through the Service or any of our social media channels or websites is made available solely for general information purposes. We do not warrant the accuracy, completeness, timeliness, or usefulness of this information, as government requirements and practices are subject to change from time to time and without notice, including, without limitation, health and safety requirements, travel restrictions, sanctions and embargoes. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to our social media channels or websites, or by anyone who may be informed of any of its contents.
Third-Party Links, Content and Services
We may include or recommend third-party resources, materials, and content and/or links to third-party websites, content, and service providers as part of, or in connection with, the Service. In some cases, iVisa may obtain a commission from certain referrals to third party products and services. While we endeavor to only select high quality and reliable parties to provide any element of our Service, we may have little or no control over such third parties or their products or services and, accordingly, you acknowledge and agree that (i) we are not responsible for the performance of such third parties or their products, services, web sites, or content; (ii) we are not responsible or liable for any content or other materials or performance available from such sites or third parties, and (iii) we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, materials, products, or services. Without limiting the foregoing, you acknowledge that when you use our printed photo pickup service, iVisa is engaging a third party for photo printing and processing and iVisa shall not be responsible for the actions or inactions of any such third party.
In addition, you should carefully review the contract terms and privacy policies of any third-party product or service provider, and their website, products, or services, as you will be subject to such third party’s terms and conditions, and not this Agreement or our Privacy Policy. Your communications or business dealings with any such third party are solely between you and such third party. You agree that iVisa will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of our reference to such third party’s publications, products, or services.
iVisa is continually striving to enhance our services to you and we are utilizing artificial intelligence (“AI”) in a variety of areas of our service, including as a tool to enable you to obtain information with greater speed. The machine learning technology that underlies the interactions you may have with AI-enabled functionality on our websites is in part based upon probabilities. Consequently, the output generated by these AI-enabled tools may not always be accurate, so you should not rely solely upon a response you obtain from AI-enabled tools when you are seeking specific guidance that may impact how you use our Services. We advise you to confirm output you obtain from AI-enabled tools with an iVisa human representative, particularly where you are making a decision that could impact your ability to obtain a visa or other specific information you will rely upon for have a material legal or other impact upon you or another person. Also note that responses you obtain from AI-enabled tools on our websites may not represent iVisa’s opinion and, if any third-party resource or product is recommended by an AI-enabled tool, iVisa does not necessarily endorse that third-party resource or product.
We welcome and value your input with respect to the third party products, services, and content we present to you, so please let us know if you have any good or bad experience, or particular concerns regarding such third parties and their products and services. We use your input in determining whether to continue or end such relationships.
Commercial Terms
Our commercial transactions with you, including your purchase of any products from our Service, or the use of any promotional codes, are governed by our Commercial Terms, as they are in effect at the time of such transactions.
SMS Terms
These SMS Terms govern the provision, receipt, and delivery of text messages by or on behalf of iVisa. Depending on the consent you’ve provided, our text messages (the “iVisa SMS”):
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Provide you with information you requested from us;
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Provide updates regarding your purchases, such as the status of requested travel visas;
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Respond to your support questions and other inquiries; and/or
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Provide you with marketing or promotional content that may interest you.
E-SIGN Disclosure and Agreement
By providing your consent to receive iVisa SMS (as described below), you also consent to the use of an electronic record to document your agreement. You may withdraw your consent to the use of the electronic record by emailing us with “Revoke Electronic Consent” in the subject line.
To view and retain a copy of this disclosure or any information regarding your enrollment in this program, you will need (i) a device (such as a computer or mobile phone) with a web browser and Internet access and (ii) either a printer or storage space on such device. For a free paper copy, or to update our records of your contact information, email us at [email protected] with contact information and the address for delivery.
Agreement and Consent to Receive iVisa SMS
You can provide us with your consent to receive iVisa SMS in multiple ways, such as by providing us with your phone number during or after registration or purchase, through communications or transactions with us, or by opting into receiving marketing iVisa SMS. By providing your consent, you agree to these SMS Terms.
By providing consent, you authorize us to use automated or non-automated technology to send iVisa SMS to the number associated with your consent. You may opt into receiving iVisa SMS with marketing content, and consent to receiving marketing texts is not a condition of purchase.
Eligibility
By consenting to receive iVisa SMS, you represent that you are 18 years of age or older and understand the obligations and agree to these SMS Terms. You further represent that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and for which you are authorized to opt into iVisa SMS.
Costs of iVisa SMS
iVisa does not charge you for iVisa SMS. But message and data rates may apply, so depending on your plan with your wireless or other applicable provider, you may be charged by your carrier or other applicable provider.
App Stores
If you obtain our mobile applications from a third party website, such the App Store from Apple or the Android app market from Google (each, an “App Store”), you will be engaging with that App Store under their respective terms and conditions to which you must agree before downloading the mobile applications from such store, including the Apple, Inc. Device and Application Terms for the Apple App Store. You agree to comply with, and your license to use the mobile applications is conditioned upon your compliance with, such App Store terms and conditions. To the extent such other terms and conditions from such App Store are less restrictive than, or otherwise conflict with, the terms and conditions of this Agreement, the more restrictive or conflicting terms and conditions in this Agreement shall apply.
Apple-Enabled Product Terms
If you use our mobile applications on a mobile computing device sold by Apple Inc. (“Apple”), that application (“Apple-Enabled Software”), is subject to the additional following terms and conditions:
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You acknowledge that this Agreement is between iVisa and you only, and not with Apple, and that as between iVisa and Apple, iVisa, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
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You may not use the Apple-Enabled Software in any manner that is in violation of, or inconsistent with, the Usage Rules set forth for in the Apple-Enabled Software and the Apple App Store Terms of Service.
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Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
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Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
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Apple is not responsible for any product warranties, whether express or implied by law. If the Apple-Enabled Software fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure of the Apple-Enabled Software to conform to any warranty, which will be iVisa’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
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You acknowledge that iVisa, not Apple, is responsible for addressing any claims by you or any third party relating to the Apple-Enabled Software or your possession and/or use of the Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
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In the event of any third party claim that the Apple-Enabled Software or your possession and use of the Apple-Enabled Software infringes such third party’s intellectual property rights, as between iVisa and Apple, iVisa, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
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You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
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If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to iVisa support by sending an email.
You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions in this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce these Apple-Enabled Product Terms against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.
Suspension or Termination
You may elect to terminate any account you have created at any time by following the directions within your account or emailing us, provided that if you are then subject to the terms of any Service for which you have purchased a subscription, you shall continue to be charged for the cost of such subscription in accordance with the then-applicable terms of this Agreement applicable to such subscription.
iVisa may suspend or terminate your use of the Service or any of our features or services at any time and for any reason without notice, including, for example, for conduct violating this Agreement, or if we discontinue the Service.
Upon any termination of the Service, the User shall no longer have access to the Service or any of the data stored with respect to their account. The provisions of this Agreement concerning Service security, prohibited activities, copyrights, trademarks, user submissions, disclaimers, limitation of liability, arbitration and resolution of Disputes, indemnity and jurisdictional issues shall survive any such termination or any other termination of this Agreement or your relationship with iVisa. You agree that if your use of the Service is terminated pursuant to this Agreement, you will not attempt to use the Service under any other name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold iVisa harmless from any and all liability that iVisa may incur with respect thereto.
Except as otherwise provided in the Privacy Policy or as required by applicable law (including any obligation to provide access to Personal Information), we have no obligation, whether before or after the termination of your use of the Service, to return or otherwise provide to you or any third party on your behalf any information you provide to us or any other information that we may have that relates to you.
Disclaimers
iVisa’s Service is designed to assist you with your travel plans, but we cannot, and do not, assume any responsibility for the consequences arising from changes in travel plans or any situation created by circumstances out of our control, including without limitation, the actions or inaction of governments or governmental agencies, and laws and regulations, or practices they establish from time to time. When we provide time periods for processing transactions and delivering documentation, those time periods are estimates and not guarantees, based upon our experience working with various governments and associated agencies and third-party processors. You acknowledge when using our Service that iVisa shall not be responsible for processing times or delays or failures attributable to governments and such other third parties. Content and other information contained on the Service is provided by iVisa as a convenience. Users relying on Content or other information from the Service do so at their own risk.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ANY ACCESS TO OR USE OF THE SERVICE IS VOLUNTARY AND AT THE SOLE RISK OF THE USER. iVISA AND EACH THIRD-PARTY OFFERING PRODUCTS OR SERVICES THROUGH THE SERVICE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, SATISFACTORY QUALITY AND FITNESS FOR PARTICULAR PURPOSE WITH REGARD TO THE SERVICE, AND WITH RESPECT TO ANY INFORMATION, CONTENT, PRODUCT, SERVICE, MERCHANDISE, OR OTHER MATERIAL PROVIDED ON OR THROUGH THE SERVICE. iVISA DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, OR USEFULNESS OF THE SERVICE. iVISA DOES NOT WARRANT THAT THE SERVICE WILL FUNCTION WITHOUT DELAYS, DISRUPTIONS, INTERFERENCES, IMPERFECTIONS, CORRUPTION, CYBER ATTACK, VIRUSES, MALWARE, OR ANY ADVERSE INCIDENT.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL iVISA BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, PERSONAL OR BODILY INJURY, EMOTIONAL DISTRESS, OR WRONGFUL DEATH, LOSS OF DATA, LOST PROFITS, OR DAMAGES RESULTING FROM THE USE OF OR INABILITY TO USE THE SERVICE, INCLUDING ANY INFORMATION AND CONTENT MADE AVAILABLE THROUGH THE SERVICE OR ANY SERVICES PERFORMED OR PRODUCTS OFFERED BY THIRD-PARTIES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT iVISA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. iVISA SHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S.$100. ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SERVICE, CONTENT, OR PRODUCTS OBTAINED THROUGH THE SERVICE MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE, CONTENT, OR PRODUCTS OBTAINED THROUGH THE SERVICE IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE SERVICE, CONTENT, OR PRODUCTS OBTAINED THROUGH THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. TO THE EXTENT THAT WE MAY NOT DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold iVisa and any third parties offering products or services through the Service harmless from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys’ fees and litigation expenses) relating to or arising from your use of the Service, your fraud, violation of law, or willful misconduct, any breach by you of this Agreement or your violation of any rights of any other person or entity. We reserve the right to control the defense of any claim by a third party for which we are entitled to indemnification, and you agree to provide us with such cooperation as is reasonably requested by us.
Notices
Any notices to you from iVisa regarding the Service or this Agreement may be made by email, a posted notice on the Service, or regular mail, in the sole discretion of iVisa.
Electronic Communications
When you access or use the Service or send emails, chat, or audio calls through our web site or via our mobile application, or SMS messages to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you via email, iVisa SMS or through the Service. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in this Agreement.
Copyright
We respond to clear and complete notices of alleged infringement of copyright, trademark, or other intellectual property laws that satisfy the requirements in this Agreement (which we believe to comply with the United States Digital Millennium Copyright and other applicable laws). If you believe that your intellectual property rights have been violated, please notify our Compliance team at the address provided below, and provide the information required in the instructions set forth below, and we will investigate.
Notification of Copyright Infringement
To submit a complete and qualified notice:
If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please send the following information to our designated copyright agent:
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Identify the specific copyrighted work that you believe has been infringed upon.
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Identify the web page URL(s) containing the copyrighted work that you claim has been infringed, if any, and, if possible, the contact information for the person you believe responsible for the infringing act in connection with that work. Describe the copyrighted work on the page(s) you believe infringes upon the work identified in item (1) above, including whether the copyrighted work is an image (and describe it in detail) or written work (including the text of the copyrighted work).
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Include the statements:
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“I have a good faith belief that use of the copyrighted work described above as allegedly infringing is not authorized by the owner of the intellectual property rights therein, its agent or the law.”
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“The information in this notice is accurate.”
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“I state under penalty of perjury that I am the owner, or an agent authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
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Provide your mailing address, telephone number and email address. If you are submitting a notice on behalf of an entity, provide the entity’s name along with your job title, job position, or role with the entity.
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Provide the full legal name and physical or electronic signature of the person authorized to act on behalf of the owner of the copyright that is allegedly infringed.
Deliver the Notice, with all the items completed to the Company’s Designated Copyright Agent:
Copyright Agent c/o Document Advisor, Inc. 8 The Green, STE #5986, Dover, Delaware, 19901, United States Attention: Legal Notice (Copyright Agent)
Please note that we may reproduce any legal notice we receive to send to a third party for publication and annotation, and we may post your notice in place of any removed material.
Please be aware that if you knowingly materially misrepresent that material or activity is infringing your copyright, you may be held liable for damages (including costs and attorneys fees) under Section 512(f) of the United States Digital Millennium Copyright Act (“DMCA”) or similar laws in other countries.
Filing a Counter Notice
If you have received a notification that copyrighted work has been removed for a copyright complaint, it means a party claiming to be the copyrighted work owner asked us to remove it. If you believe that the removal of the material is a result of a mistake or misidentification, you can file a counter-notice.
Please send the following information to our designated copyright agent:
- Identification of the copyrighted work taken down.
- The web page URL of the copyrighted work before it was taken down.
- A statement under penalty of perjury that you have a good faith belief the copyrighted work was removed in error.
- A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which iVisa’s offices may be found, and that you will accept service of process from the person who provided the original complaint.
- Provide your mailing address, telephone number, and email address. If you are filing a counter notice on behalf of an entity, provide the entity’s name along with your job title, job position, or role with the entity.
- Provide your full legal name and physical or electronic signature.
Note: There are legal and financial consequences for filing fraudulent or bad faith counter notices. Before submitting a counter notice, make sure you have a good faith belief that we removed the copyrighted work in error, and that you understand the repercussions of submitting a false claim.
We reserve the right to communicate with you via email or other means.
Note that each owner of intellectual property is responsible for protecting their rights and taking any legal or other action they determine to be appropriate to do so, and iVisa does not accept any obligation to take any particular action to enforce or protect any party’s intellectual property rights on their behalf.
Entire Agreement
This Agreement and any other agreements iVisa may post on the Service or that you and iVisa may execute from to time constitute the entire agreement between iVisa and you in connection with your use of the Service and supersede any prior agreements between iVisa and you regarding use of the Service, including prior versions of this Agreement.
Settling Disputes Between You and iVisa
Any dispute arising out of, relating to, or in connection with your access to and use of the Service, the Content available in the Service, or the application or interpretation of this Agreement (a “Dispute”), must be resolved first through an informal dispute resolution process. If that process fails to resolve the Dispute, it must be resolved through binding arbitration (unless otherwise indicated in the subsection entitled “Exceptions to Arbitration”).
Informal Dispute Resolution
Except as otherwise provided in this Section, you and iVisa agree that if any Dispute arises between us, we will first try to resolve it informally before initiating any formal dispute resolution proceeding (the “Informal Dispute Resolution”).
To initiate Informal Dispute Resolution, the initiating party must first send a written description of the Dispute to the other party (a “Notice of Dispute”). You agree to send your Notice of Dispute to iVisa at [email protected]. Your Notice of Dispute must: (i) only describe your Dispute and not anyone else’s potential dispute; (ii) provide a description of the nature of the Dispute with sufficient detail for iVisa to assess its merits; (iii) describe the specific remedy you would like to obtain; and (iv) provide the email address associated with your account with iVisa. We will send our Notice of Dispute to the email address associated with your account if we can reasonably identify such an address.
If either of us receives a Notice of Dispute, we agree to use good faith efforts to amicably resolve the Dispute, initially through an informal telephone or web-based conference. The conference shall be individualized for the particular Dispute you and we are engaged in; multiple individuals initiating claims cannot participate in the same informal conference. If either of us is represented by a lawyer and desires that lawyer to participate in the conference, that party will inform the other of that a reasonable time in advance of the conference and, provided that advance notice has been provided, that party’s lawyer may participate in the conference. Each of you and iVisa must participate in the conference even if a lawyer is attending, unless one party states in writing that the other party need not participate.
If the Dispute is not fully resolved within 60 days after the non-initiating party receives the Notice of Dispute, you and iVisa agree to resolve any remaining aspects of the Dispute through the procedures set forth below. Nothing in this Section describing the Informal Dispute Resolution process is intended to prohibit you and iVisa from engaging directly in communications to resolve the initiating party’s claims before, during, or after the sending of a Notice of Dispute.
Arbitration Agreement
Good faith participation in the Informal Dispute Resolution process is a prerequisite to either of us initiating arbitration. You and we agree that any applicable statute of limitations period or other deadlines will be tolled while we engage in Informal Dispute Resolution. You and we further agree that whether a complaining party has satisfied these Informal Dispute Resolution procedures is an issue that can be decided by a court as a prerequisite to arbitration.
If Informal Dispute Resolution efforts fail, then either of us may initiate binding arbitration using the procedures set forth below as the sole means to resolve the Dispute. To initiate an arbitration, you or iVisa must file a demand for arbitration with National Arbitration and Mediation (“NAM”). If you initiate a demand with NAM, you must promptly email a copy of the demand to [email protected]. If we initiate arbitration, we will send a copy of the demand to the email address associated with your iVisa account. You and iVisa agree that a Dispute shall be resolved exclusively through binding arbitration in accordance with this Section (the “Arbitration Agreement”). This includes claims that arose, were identified, or involve facts occurring before the existence of this Arbitration Agreement as well as claims that may arise after the termination of this Arbitration Agreement. This Arbitration Agreement is governed by the Federal Arbitration Act (“FAA”) and evidences a transaction involving interstate commerce. You and iVisa expressly agree that the FAA shall exclusively govern the interpretation and enforcement of this Arbitration Agreement. Except as set forth in the subsection entitled “Exceptions to Arbitration”, the arbitrator, and not any court, shall have exclusive authority to resolve a Dispute arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement and the Arbitration Agreement, including, without limitation, any claim that all or any part of this Agreement or the Arbitration Agreement is void or voidable, whether a claim is subject to arbitration, and any Dispute regarding the payment of administrative or arbitrator fees (including the timing of such payments and remedies for nonpayment). The arbitrator may grant whatever relief would be available in a court under law or in equity. The arbitrator has the right to impose sanctions in accordance with the arbitration provider rules and procedures for any frivolous claims or submissions the arbitrator determines have not been filed in good faith, as well as for a party's bad faith failure to comply with this Arbitration Agreement.
You and iVisa each understands and agrees that without this Arbitration Agreement we would each have the right to sue in court and have a jury trial. YOU AND iVISA HEREBY ACKNOWLEDGE AND AGREE TO COMPLY WITH THIS ARBITRATION AGREEMENT AND WAIVE THE RIGHT TO A TRIAL BY JURY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You have the right to opt-out and not be bound by this Arbitration Agreement by sending written notice of your decision to opt-out to [email protected] or by mail to iVisa, Document Advisor, Inc., 19111 Collins Avenue, Apt 1405, Sunny Isles Beach, Florida 33160 ATTN: Arbitration Opt-Out. The notice must be signed by you and sent within 30 days of the date posted at the top of this Agreement or your first use of the Service, whichever is later; otherwise, you shall be bound to arbitrate disputes in accordance with the terms of the Arbitration Agreement. If you opt out of the Arbitration Agreement, iVisa also will not be bound by the Arbitration Agreement with respect to a Dispute brought by you, and you and iVisa may exercise our respective right to trial by a judge, as permitted by applicable law. If you opt out of the Arbitration Agreement, you will not be opting out of any other provisions of this Agreement and you agree to be bound by all other provisions of this Agreement, which shall remain in effect as allowable by law.
Arbitration Location
Any arbitration not conducted solely on the basis of documents submitted to the arbitrator (as contemplated by the subsection entitled “Arbitration Rules”) shall be conducted via videoconference or telephone conference unless you and iVisa agree otherwise. Regardless of whether the arbitration is conducted via documents, via video conference or telephone conference, or in person, for arbitrations you initiate, if you are a resident of the United States the arbitration will take place in the county where you reside, or if no NAM arbitrator is available in that county, then at the closest NAM arbitration location available in that state. When iVisa initiates arbitration, and for residents in Canada (and anywhere else outside the United States), regardless of whether the arbitration is conducted via documents, via video conference or telephone conference, or in person, the arbitration shall take place in Newark, Delaware, United States of America, unless you and iVisa otherwise agree or unless the designated arbitrator determines that such venue would be unreasonably burdensome to any party, in which case the arbitrator shall have the discretion to select another venue despite either party’s initial selection. For purposes of an arbitration conducted via documents or video conference or telephone conference, for an arbitration to “take place” in a particular location means that the arbitrator will be in that location (to the extent possible). For any arbitration conducted in Delaware, you and iVisa agree to submit to the personal jurisdiction of any federal or state court in Newark, California, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator; and in connection with any such proceeding, further agree to accept service of process by U.S. mail, courier delivery or, if you have not provided iVisa a physical address, by email to the address associated with your account, and hereby waive any and all jurisdictional and venue defenses otherwise available.
Class Action Waiver
You and iVisa acknowledge and agree that, to the maximum extent allowed by law, and except as otherwise set out in this Subsection and the Subsection entitled “Mass Filings”, any arbitration shall be conducted in an individual capacity only and not as a class or other representative action, and the arbitrator may award relief only in favor of the individual party seeking relief in the Dispute; notwithstanding this acknowledgement and agreement, you agree that any arbitration involving you may proceed on a consolidated basis if iVisa provides its consent to consolidate in writing. With the exception of this Subsection and the Subsection entitled “Mass Filings”, if any part of this Arbitration Agreement is deemed to be invalid, unenforceable, or illegal, then the balance of this Arbitration Agreement shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, or illegal, provision(s) were not contained herein. If, however, this Subsection and the Subsection entitled “Mass Filings” is found to be invalid, unenforceable, or illegal, then the entirety of this Arbitration Agreement shall be null and void, and neither you nor iVisa shall be entitled to arbitrate the Dispute. Nothing in this Section prevents you or iVisa from agreeing to participate in a class-wide settlement of claims.
Exceptions to Arbitration
Notwithstanding the foregoing, either you or iVisa may bring an action in state or federal court to protect intellectual property rights. Either you or iVisa may also elect to have a Dispute resolved in a small claims court that is within the scope of that court’s jurisdiction regardless of what forum the initiating party chose. Either you or iVisa may also seek a declaratory judgment or similar relief in court regarding whether claims in the Dispute are time-barred or may be brought in small claims court. If either of us has already submitted an arbitration demand, the other party can inform the arbitral forum that it chooses to have the Dispute heard in small claims court and the arbitral forum will close the arbitration and the Dispute will be heard in the appropriate small claims court.
Either you or iVisa may elect to have a Dispute regarding whether a complaining party has satisfied the Informal Dispute Resolution procedures resolved by a court. Seeking such relief does not waive that party’s right to arbitration, and any filed arbitrations related to any action filed pursuant to this Subsection shall automatically be stayed pending the outcome of such action.
Arbitration Rules
Any arbitration will be administered by NAM and conducted before a sole arbitrator in accordance with NAM rules including, as applicable, NAM Comprehensive Dispute Resolution Rules and Procedures, Fees For Disputes When One of the Parties is a Consumer, and the Mass Filing Dispute Resolution Rules and Procedures in effect at the time any demand for arbitration is filed, excluding any rules or procedures governing or permitting class or representative actions. The applicable NAM rules and procedures are available at www.namadr.com. If NAM is not available to arbitrate, the parties will mutually agree on an alternative arbitration provider and applicable rules.
The arbitrator shall apply Delaware law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law.
If the amount of the Dispute is $10,000 or less and you do not seek injunctive or declaratory relief, then the arbitration will be conducted solely on the basis of documents you and iVisa submit to the arbitrator, unless you and iVisa agree otherwise.
Subject to the applicable NAM rules and procedures, you and iVisa agree that the arbitrator may allow the filing of dispositive motions. Unless otherwise prohibited by law, all arbitration proceedings will be confidential and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award.
Mass Filings
To increase the efficiency of administration and resolution of arbitrations, if 25 or more similar arbitration demands (those asserting the same or substantially similar facts or claims, and seeking the same or substantially similar relief) are presented by or with the assistance or coordination of the same lawyer(s) or organization(s) against iVisa (a “Mass Filing”), you and iVisa agree: (i) to administer the Mass Filing in batches of 25 demands per batch (with any final batch consisting of the remaining demands), with only one batch filed, processed, and adjudicated at a time, (ii) to designate one arbitrator for all demands included in a batch, (iii) that fees associated with a demand for arbitration included in a Mass Filing, including, without limitation, fees owed by you and iVisa, shall only be due after your demand for arbitration is included in a batch proceeding and that batch is properly designated for filing, processing, and adjudication; (iv) provide for the resolution of each batch on a consolidated basis with one set of filing and administrative fees due per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award, and (v) that the staged process of batched proceedings, with each batch proceeding through filing, processing, and adjudication, shall continue until each demand (including your demand) is adjudicated or otherwise resolved. If your demand for arbitration is included in a Mass Filing, any statute of limitation applicable to the claims in your Dispute will remain tolled until your demand for arbitration is decided, withdrawn, or settled.
The results of the first completely adjudicated batch of demands in a Mass Filing will be given to a NAM mediator selected from a group of five mediators proposed by NAM, with iVisa and the remaining claimants being able to strike one mediator each and then rank the remaining mediators. The highest collectively ranked mediator will be selected. The selected mediator will try to facilitate a resolution of the remaining demands in the Mass Filing. iVisa, the remaining claimants, and the mediator will then have 90 days (the “Mediation Period”) from the date the results are provided to the mediator to agree on a resolution or substantive methodology for resolving the outstanding demands. If the parties are unable to resolve the outstanding demands during the Mediation Period and cannot agree on a methodology for resolving them through further arbitrations, either iVisa or any remaining claimant may opt out of the arbitration process and have the demand(s) proceed in a court of competent jurisdiction. Notice of this opt-out will be provided in writing within 60 days of the close of the Mediation Period. If neither iVisa nor the remaining claimants opt out and they cannot agree to a methodology for resolving the remaining demands through further arbitration, the arbitrations will continue with the batching process with all remaining batches consolidated and adjudicated concurrently.
Changes to this Arbitration Agreement
iVisa will provide at least 30 days’ notice of the date of any material change to this Arbitration Agreement. The change will become effective on the date provided in the notice and apply to any Dispute, and all claims not yet filed, regardless of when they accrued. If you consent to these terms on or before the date on which the change becomes effective or continue to use the Service after such effective date, you agree that any Dispute, and any unfiled claims, of which iVisa does not have actual notice under the Informal Dispute Resolution process are subject to the revised Arbitration Agreement. If iVisa changes this Arbitration Agreement after the date you first accepted it (or accepted any subsequent change to the Arbitration Agreement), you agree that your continued use of the Service 30 days after such change will be deemed acceptance of that change. If you do not agree to such change, you may opt out of this Arbitration Agreement via the procedures set forth in the Subsection entitled “Arbitration Agreement”.
Claims Are Time-Barred
You agree that regardless of any statute or law to the contrary or the applicable dispute resolution process, any claim or cause of action you may have arising out of or related to the Service, any products purchased, or any Content must be formally initiated within one (1) year after such claim or cause of action arose or you hereby agree to be forever barred from bringing such claim. The provisions of this section, entitled “Claims Are Time-Barred” shall be deemed to constitute a separate written legally binding agreement by and between you and us.
Governing Law; Venue; Severability of Provisions
The validity, interpretation, construction, and performance of this Agreement will be governed by the Federal Arbitration Act and the laws of the State of Delaware, without regard to any conflicts of law provisions.
All parts of this Agreement apply to the maximum extent permitted by law. Our failure to enforce any provision of this Agreement will not constitute a waiver of such right. We both agree that if any provision in this Agreement as written is unenforceable, then such provision will be reformed or replaced with a provision that most closely match the intent of the unenforceable part to the extent permitted by law. Except as otherwise provided in this Agreement, the invalidity of part of this Agreement will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience and do not have any force or effect.
No Agency Relationship
Neither this Agreement, nor any Content, materials or features of the Service create any partnership, joint venture, employment, or other agency relationship between you and iVisa. You may not enter into any contract on our behalf or bind us in any way.
Assignment
You may not assign any of your rights under this Agreement, and any such attempt will be null and void. iVisa may, in its sole discretion, assign or transfer, without further consent or notification, this Agreement or any or all of the contractual rights and obligations pursuant to this Agreement, in whole or in part, to any affiliate of iVisa or to a third party in the event that some or all of iVisa’s business is transferred to such other third party by way of merger, sale of its assets or otherwise.
Third Party Beneficiaries
Any use of third-party software provided in connection with the Service, or any third-party product obtained through the Service, will be governed by, and you shall comply with, the applicable third-party’s commercial terms and, if there are no such commercial terms, by this Agreement.
Except for the foregoing or as otherwise specifically set forth in this Agreement, including with respect to the indemnification obligations contained herein in favor of iVisa and the agreement to arbitration, we hereby expressly agree that there is no intent by either party to create or establish third-party beneficiary status rights or their equivalent in any other referenced individual, subcontractor or third party, and, except as specifically set forth in this Agreement, that no third party shall have any right to enforce any right or enjoy any benefit that is created or established under this Agreement.
Changes to this Agreement
We are continually making modifications and enhancements to our Service and so this Agreement may be amended without prior notice as new features, technology, or legal requirements arise, so please check back from time to time and check the Effective Date set forth above. If we make a significant change, we will notify Users with an account in our Service and, where required, seek your consent.
If we do update this Agreement, you are free to decide whether to accept the updated terms or to stop using our Service; your continued use of the Service after the effectiveness of that update will be deemed to represent your agreement with, and consent to be bound by, the modified Agreement. Except for changes made by us as described here, no other amendment or modification of this Agreement shall be effective unless set forth in a written agreement expressly amending this Agreement and bearing a written signature by you and us. For clarity, email or other communications will not constitute an effective written agreement for this purpose.
Special Notice for California Users
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us via email or at: Document Advisor, Inc. 19111 Collins Avenue, Apt 1405 Sunny Isles Beach, Florida 33160 Attention: Legal Notice
Contacting Us
You may contact us if you have any questions or concerns about this Agreement on WhatsApp at +1 (904) 203-8818 or our webchat. We will attempt to respond to your questions or concerns promptly after we receive them.
Commercial Terms
These “Commercial Terms” are incorporated within the iVisa Terms of Service, including your purchase of any of our products, as well as the acquisition or redemption of any promotional Codes (as defined below).
Single Purchase Transaction
You may purchase certain products on a one-time basis which we refer to as our Standard Service. In such transactions we will present the cost for the Service(s) you select along with any applicable government fee, tax and shipping and handling charges, and you will be required to submit your payment via an Accepted Payment Method (as defined below) at the time of purchase.
Subscriptions
You may elect to purchase a subscription enabling you to obtain one or more products throughout the term of such subscription (a “Subscription”). For example, our iVisa Plus subscription Individual Plan enables an individual to pay one annual fee and receive unlimited Standard Speed processing on orders for their personal eVisas, Health Documents and Embassy Registrations. The iVisa Plus subscription does not include the following costs and fees: government fees, Rush, and Super Rush Processing Speed fees, other add-ons (including but not limited to iVisa Protection Fee and Premium Concierge) and other products (including but not limited to Guided Visas (Visas which require appointments), Passport Renewals and Passport Photos)."
Subscription Terms
Our Subscription products require an initial payment at the time the Subscription commences. By purchasing a Subscription, you agree to pay the applicable price and any other recurring charges upon each auto-renewal date, until you terminate your Subscription in accordance with these terms. Accordingly, you hereby authorize, agree, and assent to iVisa automatically charging your Accepted Payment Method submitted as part of the order process for such amounts that are due, and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to sign up for the Subscription. As part of this recurring Subscription, you will be charged the price listed on our website for each Subscription product in your order, at the time each order is placed, unless the terms of your Subscription specifically provided otherwise. Our iVisa Plus product will charge your Accepted Payment Method during the first month of each subsequent renewal period.
Subscriptions may be canceled, upgraded or downgraded with respect to any renewal term after payment for such renewal term has been processed. Subscription cancellations and downgrades will be applied to the next billing cycle. Subscription upgrades will be applied immediately on a prorated basis. If you wish to cancel or modify a subscription, you may do so by emailing us at [email protected] or from the iVisa mobile application if the feature is available in such application.
Please note that if your Subscription includes a discounted price for a promotional period, once the promotional period expires, your Subscription will renew at the full price.
Availability and Pricing
All products offered for sale are subject to availability and we reserve the right to suspend availability of certain services or documents or reject all or any part of an order without prior notice. Prices for products are subject to change at any time, but changes will not affect any order for products you have already placed. Purchases are also subject to any price matching policy and sale items policy we may establish in connection with any promotions.
Payment
Only valid payment methods acceptable to us may be used to complete a purchase on our website. We accept multiple debit and credit cards as well as other forms of electronic transfers as acceptable payment methods on our website, and may in our discretion and only upon our approval accept payments by check when we issue you an invoice (each, an “Accepted Payment Method”), subject to the procedures and rules contained in this Agreement and any applicable contract with the provider of the Accepted Payment Method. Accepted Payment Methods may vary by country or for certain products on our website and may change from time to time. You represent and warrant that you are authorized to use your Accepted Payment Method. You authorize us to charge your Accepted Payment Method for the total amount of your order (including any applicable taxes and shipping and handling charges). If you elect to store information regarding your Accepted Payment Method in your account, you agree that we have permission to retain and/or share with financial institutions and payment processing firms (including any institutions or firms we retain in the future) information regarding your purchase and your submitted payment information in order to process your payment, and to use your account information to provide you with notices and disclosures relating to your purchases. In addition, you authorize us to (i) obtain and verify your identity as necessary to complete financial transactions, and (ii) determine your eligibility and authority to complete such purchase. We may choose to bill through an invoice, in which case full payment for invoices issued in any given month must be received by us thirty (30) days after the mailing date of the invoice, or the Services may be terminated.
Paying our Reseller or Payment Processor
We may utilize one or more third party payment processing firms to manage the collection of payments from you. Please note that your obligation for payment to, and relationship with, such payment processor is a contractual matter between you and such third party; iVisa is not a party to, or responsible on account of, such contract. While we select our payment processors carefully and enter into detailed agreements imposing performance obligations (including confidentiality) on them, we cannot and do not guarantee their performance. We encourage you to provide any feedback regarding any payment processor with which you do business to us, as we value and use your input in determining whether to continue or end such relationships. If you have any concerns or problems with a payment processor, please contact us at [email protected] as promptly as you can.
Shipping; Risk of Loss
You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add, or eliminate shipping and handling charges from time to time, but we will provide notice of the changes applicable to you before you make your purchase. Any delivery dates or times shown as part of the checkout process are estimates only and are not guaranteed. Unless we state otherwise in writing on the website, risk of loss or damage to a product passes to you upon delivery of the product to our designated carrier.
Refunds
Please see our Refund Policy for information if you decide that you want to cancel your application and get a refund. We encourage you to read through the options available, which vary depending on the service that you purchased.
Limited Warranty for iVisa Produced Products
iVisa provides to the original purchaser of iVisa-produced products that if such product, in the form delivered to such purchaser by iVisa or its authorized third party, fails to include the correct information provided by the user to iVisa in accordance with its specifications, the purchaser may submit a warranty claim by email to [email protected] within 7 days of delivery notifying iVisa of such failure. iVisa may request certain information, including photographs, to determine if there is a proper claim under the warranty and, if iVisa determines the purchaser is entitled to a remedy under this warranty, iVisa will, in its discretion, repair or replace such product. Nothing herein shall impose any liability on iVisa with respect of any defect in the products arising out of the acts, omissions, negligence, or default of the purchaser including any failure by the purchaser to comply with any specifications or requirements relating to the entry of information.
Warranties / Remedies for Third-Party Products
We may from time to time offer for sale on our website products that are manufactured by other companies. The manufacturer may offer its own warranty for such product, but unless otherwise stated on the product page, iVisa does not offer a warranty on those products. That means they are sold by iVisa “as is” and “with all faults.” If the manufacturer offers a limited warranty for the product, it can usually be found on the manufacturer’s website or with the product packaging. For any product sold via the website other than a iVisa Product, you agree that your remedy is solely with the product manufacturer and not iVisa.
Changes to Your Order
Once you submit your order, it may not be changed or canceled once we begin processing such order. We process orders very quickly, and once an order begins the fulfillment process, we are unable to modify it. (Backorders that have not yet entered the fulfillment process may be canceled by visiting your order history before they are moved into the fulfillment process.) We apologize for any inconvenience, and we hope that in the majority of cases our faster processing times work to your advantage. If you have questions about your order, contact [email protected].
Purchases in Mobile Applications
You may purchase certain iVisa products through our mobile applications (an “In App Purchase”). When you make an In App Purchase, you are doing so through a third party reseller (such as the Apple iTunes service) and you are agreeing to the terms and conditions of such third party reseller, not iVisa. We are not a party to any In App Purchase.
No Resale of Products
All orders for our products must be for your personal use only. By purchasing our products, you hereby agree not to resell or distribute such products for any commercial or other purposes. If we have reason to believe that your order is not for personal use, we reserve the right to reject or cancel any order that you place.
Taxes
You are responsible for any applicable sales, use, duty, customs, or other governmental taxes, levies, or fees (“Taxes”) due with respect to your purchase of products or services through our website. We will collect applicable Taxes if we determine we have a duty to collect Taxes. We will present an estimate of Taxes we collect at checkout, except where we have clearly stated in writing that a price includes Taxes. The actual Taxes charged may be adjusted from the amount shown at checkout. Several factors may cause this, such as variances between processor programs and changes in tax rates. We are not required to, and do not, collect Taxes in all states. You may have a duty to directly report and pay Taxes if we do not collect such Taxes,
Errors
Although we try our best, from time to time we may make an error in a product description or other information. In the event of an error, we reserve the right to correct the error and revise your order accordingly or to cancel the order and refund any amount charged.
Costs of Collection; Credit Card Chargebacks
You agree to pay any costs we incur to collect any unpaid or past due amounts, including reasonable attorneys' fees and other associated costs. Delinquent payments will bear interest at the rate of 1% per month or the highest rate permitted under applicable law, whichever is less, from the payment due date until paid in full.
Promotional Cards and Promotional Codes
Promotional cards, promotional codes, and their use, including provisions regarding loss, are subject to the Terms and Conditions applicable to such promotions, as we may publish from time to time, as well as these Commercial Terms and our Privacy Policy. Promotional codes have no cash value and cannot be redeemed for cash, and cannot be combined with any other offer(s). There is a limit of one promotional code per order. Promotional codes generally expire and, unless otherwise specifically provided in connection with a particular promotion, are no longer valid for redemption 30 days after their date of issuance. The unauthorized reproduction, resale, modification, or trade of promotional codes is prohibited. Promotional codes are void where prohibited, taxed, or restricted. We reserve the right to change or limit promotional codes in our sole discretion.
User Satisfaction
We reserve the right to remedy issues and concerns on a case by case basis. We reserve the right, in our sole discretion, to resolve customer issues and concerns based on the facts and circumstances of each User.
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