Last updated: August 16, 2021
1.1. Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
- Application means the software program provided by the Company downloaded by You on any electronic device, named Atlas or Atlys.
- Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.
- Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- Account means a unique account created for You to access our Service or parts of our Service.
- Country refers to: Delaware, United States.
- Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Atlas Visa, Inc., 301 Mission St. #20F, San Francisco, CA 94105.
- Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
- Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
- Goods/Application refer to the items offered for sale on the Service.
- Orders mean a request by You to purchase Goods from Us.
- Promotions refer to contests, sweepstakes or other promotions offered through the Service.
- Service refers to the Application.
- Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
- Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
- You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
2.1. These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
2.2. Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
2.3. We respect your right to information and aim at providing a transparent set of “Terms”. Please read the terms of this Policy provided below to learn about the “Terms” you will be signing up for. IF YOU DO NOT AGREE TO ANY OF THE TERMS AND CONDITIONS MENTIONED HEREIN KINDLY DO NOT GIVE YOUR CONSENT AND PROCEED FURTHER TO ACCESS THE Application. By giving your consent to proceed forward in order to access the Application, you will be responsible to adhere to the “Terms” mentioned herein.
2.4. The policies or “Terms” as may be prescribed by the “Company” together constitute a legally binding agreement between you and the Company. You are requested to read these Terms carefully before accessing or using the Application.
2.5. This document is an electronic record in terms of the Information Technology Act, 2000 (“IT Act”) and rules made thereunder as may be applicable, and the amended provisions pertaining to electronic records in various statutes as amended by the IT Act. This electronic record is generated by a computer system and does not require any physical or digital signatures.
2.6. You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
3. Placing Orders for Goods
By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts.
4. Your Information
4.1 In order to avail the Services provided by the Company this mean you will be required to register on the Application/web portal , You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.
4.2. You represent and warrant that:
- You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any application; and that
- the information You supply to us is true, correct and complete.
4.3 By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Application
5. Order Cancellation and Refunds
5.1. We reserve the right to refuse or cancel Your Application at any time for certain reasons including but not limited to:
- Downtime and availability of Embassy/third party systems
- Errors in the description fees
- Errors in Your Application
- Or any other unavoidable for unforeseen circumstances
5.2. We reserve the right to refuse or cancel Your Application if fraud or an unauthorized or illegal transaction is suspected.
5.3. We have a strict NO REFUND policy. Atlys will not refund the Visa fees or the Atlys fees for any reason whatsoever. Even if your visa is rejected by the embassy/consulate or the concerned authorities, Atlys will not be liable to offer you a refund on the fees.
5.4. If You decide to overstay without legitimate approvals at a particular destination, in such circumstances, You shall be liable to bear the penalty charges, disciplinary action, legal proceedings etc. by the Government or other such concerned authorities. Atlys will not bear any responsibility.
6. Availability, Errors and Inaccuracies
We are constantly updating our offerings of fees on the Service. The fees available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information regarding our fees on the Service and in our advertising on other websites.
7. Price/Fees Policy
7.1. The Company reserves the right to revise its prices/fees at any time prior to accepting an order.
7.2. The prices/fees quoted may be revised by the Company subsequent to accepting an order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order.
8.1. All Goods purchased/applications processed are subject to a one-time payment. Payment can be made through various payment methods we have available, such as Visa, MasterCard, Affinity Card, American Express cards or online payment methods (PayPal, for example).
8.2. Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, we will not be liable for any delay or non-delivery of Your Order.
9.1. Any Promotions made available through the Service may be governed by rules that are separate from these Terms.
10. User Accounts
10.1. When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
10.2. It will be your responsibility to maintain the confidentiality of your Account Information and for restricting access to your computer or mobile or other similar device to prevent unauthorized access to their account.
10.3. You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.
10.4. You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
10.5. You will not be involved in the transmission of sensitive and personal information, including but not limited to Account Information (collectively “SPI”), which falls within the ambit of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, while accessing or using the Application.
11. Intellectual Property
11.1. The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.
11.2. The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
11.3. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
12. Links to Other Websites
12.1. Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
12.2. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company 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 the use of or reliance on any such content, goods or services available on or through any such web sites or services.
12.3. We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
13.1. We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
13.2. Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.
14. Limitation of Liability
14.1. Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service, whichever is applicable.
14.2. To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
14.3. Specifically, the Company provides the Service as a convenience and in no way implies a warranty for any damages that may occur if a User does not get approval for a visa. The Company expressly limits its liability for any loss of User's sensitive information or losses based on visa refusals. The Company may, from time to time, offer money-back guarantees or other guarantees based on whether a User's visa is approved. Any such guarantee(s) refer only to amounts actually paid through the service and do not indicate or imply an assumption of liability for damages or losses that may extend from any approval or denial.
14.4. Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
15. "AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
15.1. Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied:
- as to the operation or availability of the Service, or the information, content, and materials or products included thereon;
- that the Service will be uninterrupted or error-free;
- as to the accuracy, reliability, or currency of any information or content provided through the Service; or
- that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms,malware, timebombs or other harmful components.
15.2. Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
16.1. You may use the Application for reasonable and lawful purposes only, and shall not indulge in any activity that is unlawful or harmful to the Application or its content. You are provided with a limited license to access and use the Application, solely for the purpose of availing the Services, subject to these Terms. 16.2. You will not:
- Delete or modify any content on the Application, including but not limited to, any information regarding the Services, their performance, sales or pricing, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that the you do not own or have express permission to modify;
- Disrupt the content;
- Use the Services in any way that is unlawful, or harms the Company or any other person or entity;
- Using any engine, software, tool, agent or other mechanism (such as spiders, robots, avatars, worms, time bombs, Easter eggs, cancel bots, intelligent agents, etc.) to navigate or search the Applications;
- Publish and fake or malafide statements against the Company or the Application;
- Post, copy, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Application and/or Services or any connected network, or otherwise interfere with any person or entity's use or enjoyment of the Application and/or the Services;
- Engage in any form of antisocial acts or “phishing” and other such similar activities as those terms are commonly understood and used on the internet; or
- Post or upload any content that is libelous, defamatory, abusive, threatening, harassing, hateful, and offensive or otherwise violates any law or right of any third-party.
17. Indemnification And Limitation Of Liability
17.1. You agree to indemnify and defend the Company for losses, liabilities, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Platform or the Services, violation of these Terms, or infringement of any intellectual property or other rights of the Company. The Company will notify you of such claims and accordingly you will have to cooperate and assist and indemnify the Company of such losses.
17.2. The Company in no event shall be liable for any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the Platform.
18.1. The duty of the Company is only to carry out the visa application and complete the requisite formalities as laid down in the official rules and regulations or the statutes. The Company shall in no way be held accountable for the approval or rejection of the visa applied by or on behalf of you.
18.2. The Company shall hereby not be held responsible or liable in any manner in situations where you decide to overstay without legitimate approvals at a particular destination. In such circumstances, you shall be liable to bear the penalty charges, disciplinary action, legal proceedings etc. by the Government or other such concerned authorities.
19. Force Majeure
The Company will not be held responsible for any delay or failure to adhere to the obligations if such delay or failure arises or is in connection to an Act of God which is beyond Company’s reasonable control.
20. Grievance Redressal
You may submit any grievance in connection with the Application or the Services provided by the Company at:
- E-mail: firstname.lastname@example.org
21. Governing Law
The terms mentioned herein, the policies laid down and all the related agreements between you and the Company shall be governed by the laws of India. Your use of the Application may also be subject to other local, state, national, or international laws.
22. Disputes Resolution
In case of any dispute or conflict in connection with the terms, validity, interpretation, implementation, non-disclosure terms or alleged breach of any provision of these Terms and Conditions, you will first try to resolve the dispute informally by contacting the Company. In case, any such difference or dispute is not amicably resolved within forty five (45) days of such referral for negotiations, it shall be resolved through arbitration process, wherein a sole arbitrator by the Company in accordance with the Arbitration and Conciliation Act, 1996 shall be appointed. The proceedings of arbitration shall be conducted in English language and the arbitration award shall be substantiated in writing and binding on the parties. The arbitration proceedings shall be completed within a period of one hundred and eighty (180) days from the date of reference of the dispute to arbitration or under the jurisdiction of the court of Bengaluru.
21.1. For European Union (EU) Users
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
21.2. United States Legal Compliance
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
23. Severability and Waiver
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
24. Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
25. Changes to These Terms and Conditions
25.1. We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
25.2. By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.