Platform Terms and Conditions

Welcome to Visaly!

Visaly is a service curated by Visaly Inc. (Visaly Inc. and its affiliates shall hereinafter be referred to as “Visaly”, “our”, or “we”). We are registered in the United States.

If you have any queries or require any clarifications, you may reach us at support@visaly.com.

In order to use our Platform, you must agree to these "Platform Terms and Conditions” as may be updated by us from time to time. Every time you wish to use our Platform, please check these terms to ensure that you understand the terms that apply at that time. The most recent version will apply and will be available on our website.

This Platform Terms and Conditions are set out in the English language. Any translation of the Platform Terms and Conditions, if available, are provided for your convenience only, and only the English version shall prevail.

By using our website, you confirm that you accept these Platform Terms and Conditions and that you agree to comply with them.

If you do not agree to these terms, you must not use our website.

1. We may suspend or withdraw our Platform

1.1. We do not guarantee that our Platform, or any content on it, will always be available or be uninterrupted.
1.2. We may suspend or withdraw or restrict the availability of all or any part of our Platform for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

2. We may transfer our rights and obligations under these terms to someone else

2.1. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Platform Terms and Conditions.

3. Authorized Use

3.1. We are committed to comply with all applicable Economic Sanctions. The use of our Platform or Services by any person or entity appearing on or linked to any person or entity appearing on sanctions lists issued by any Economic Sanctions authorities is strictly prohibited.
3.2. We reserve the right to decline any and all Services to any person or entity appearing on any of the sanctions lists or is linked in any way to a sanctioned entity.
3.3. You may only use our Platform for information or to obtain the Services. You shall not use or cause our Platform to perform any illegal or unauthorised activity or any activity we deem inappropriate including but not limited to:

  • Engage in any activity that's illegal, malicious, or unauthorized;
  • Harm, overload, or compromise any server or connected networks;
  • Disturb other users' experience or misuse the Platform;
  • Obtain or commit unauthorized access to accounts or networks;
  • Reverse engineer any software or technology from Visaly;
  • Post inappropriate or offensive content;
  • Misrepresent yourself or create duplicate accounts;
  • Providing false information for any Transaction, including false information about yourself, impersonating others, or providing information about others without authorisation;
  • Upload harmful software or corrupted files;
  • Remove or edit content without permission;
  • Engage in aggressive communication or spamming activities;
  • Violate any applicable laws;
  • Infringe any third-party rights;
  • Modify the appearance of the Platform with framing or mirroring techniques; and
  • Automate access to the Platform or misuse it in any form.

3.4. We will take all lawful actions against violations, which might include account suspension or termination. We may also collaborate with relevant authorities if required and will disclose necessary information to the fullest extent required under law.

4. Safety of account details

4.1. If you choose, or you are provided with, a username, password or any other piece of information as part of your use of our Platform, you must treat such information as confidential. You must not disclose it to any third party.
4.2. We have the right to disable any username or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of this Platform Terms and Conditions.
4.3. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at the contact details above.

5. Account Termination and Closure

5.1. You may choose to close any account you have set up at any point by navigating within your account settings or by reaching out to us at support@visaly.com. If there is any ongoing Transaction, your account will remain active and the Transaction will continue until you give express instructions to stop or cancel the Transaction. You will be solely responsible for any fees incurred until the Transaction is completed or cancelled.
5.2. If you have chosen to close or terminate your account, you will be given the opportunity before the account is closed or terminated to download the data you have provided and we have obtained on your behalf. After the account is closed or terminated, except as required by law, we will no longer be able to and are under no obligation to make such data available to you.
5.3. We reserve the right to suspend or terminate your account and access to the Platform at any given time, for any reason without prior notice.
5.4. In the event that your account is suspended or terminated for any reason, except as required by law, we will no longer be able to and are under no obligation to return or provide any information you have shared with us or any related data.

6. Our Services

6.1. We provide information and assistance in obtaining visas and other travel documentation for the countries set out on our Platform. We may do so directly or engage the services of third parties to do so (“Service Aides”).
6.2. We may also provide additional services including but not limited to expedited or fast-tracked services where there are legal avenues to do so as authorised or established by the relevant authority. These additional services may only be available depending on your Transaction, taking into account your location and selected destination. If additional services are available, you will be presented with the option to add them to your Transaction and the additional fees payable by you.
6.3. We may introduce new features or Services on and make changes to our Platform at any time that may affect or interrupt your use of our Platform. By continuing to use our Platform, you expressly agree to such new features, Services and changes. Further, you acknowledge and agree that we will not be liable to you for any loss or damage arising from any impact or interruption of your use of our Platform.
6.4. We cannot and do not guarantee that any application will be successful, processed on time or that any visa or document granted will be exactly as you require or have applied for.

7. Process

7.1. In order for us to provide you with the Services, you will be required to provide us with the necessary information and documents, including completing necessary forms or declarations. You may submit the information and documents for yourself or for separate individuals as a group in a single transaction.
7.2. The information and documents that you submit and provide will be saved until you complete your transaction within the same session and if you create an account on the Platform. If you end the session without creating account on the Platform and saving your progress, all information and documents you have submitted and provided will be deleted and will not be retrievable, and you will need to start the process from the beginning. Due to different settings and combinations of devices and browsers you should be aware that it may not be clear when a session has ended.
7.3. Once you have submitted the information and documents, and have successfully paid for the Transaction, we will process the same and if no further clarification, information or documents are required from you, we will proceed to process your information and documents and make the applications to the relevant authority on your behalf.
7.4. In some situations, you may be required to provide further clarifications, information, documents or take other steps on our Platform or the website of a relevant authority or third party even after you have concluded a Transaction on our Platform. We will use reasonable efforts to remind you to provide such information, documents or take other steps. You acknowledge and agree that your information and application will be incomplete, and we will not be able to proceed, until you do so.
7.5. If you are required to provide physical documents to us, you agree that you will do so at your sole risk, and we will not be responsible for any loss, damage or destruction of such documents in transit. We strongly recommend that you use a reliable courier or delivery service with tracking and appropriate insurance coverage.
7.6. In the event that we offer any courier or delivery service to collect or deliver physical documents to or from you whether for an additional fee or otherwise, you agree that our sole responsibility is to arrange for such service and we will only do so on your instructions and at your sole risk. All rights and liability for the collection and delivery of the documents shall be between you and the courier or delivery service on that service provider’s terms and conditions.
7.7. Upon receipt of your visa or other documentation, it shall be your sole responsibility to ensure that the details are correct. In the event that any details require correction, this shall be considered a separate Transaction for which fees are chargeable if the details match our records.
7.8. By submitting and providing the information and documents to us or on our Platform:

  • you warrant and represent that the information and documents provided are correct, true, authentic and complete;
  • you warrant and represent that you are duly authorised to provide the information and documents to us, and make the application for you and the individuals in your group; and
  • you expressly authorise and appoint us and the Service Aides to submit the information and documents and make any necessary applications to the relevant authority on your or your group’s behalf.

7.9. In the event that any information needs to be corrected or if further information is sought by the relevant authorities, we will provide reasonable assistance to you to provide one response to the relevant authorities. We reserve the right to consider any further assistance a separate Transaction for which fees will be chargeable and we will inform you in writing before stopping our assistance and charging you such fees.
7.10. We reserve the right to decline processing of any information or documents for any reason, including but not limited to non-payment of fees, incomplete or false information or documentation, in our reasonable opinion you or any of your group appearing on a sanctions list or being linked to a sanctioned entity, delay in processing due to no fault on our part, and change in visa and documentation requirements. If we exercise this right, we will refund the sums paid by you for the relevant Transaction, but such sums shall be reduced by relevant administrative fees incurred by us and any sums paid to other service providers or third parties including relevant authorities.

8. Fees

8.1. The fees for each Transaction will be clearly set out in the checkout page. These fees will include fees for our Services, fees payable to any relevant authority or third party, any additional services selected by you, and any applicable taxes.
8.2. In the event that there is any increase in fees due to changes by the relevant authorities or due to any necessary corrections, further information required, or cancellation or rejection of an application, you will be solely responsible for such fees. We will promptly notify and invoice you for the full amount and will not be required to proceed any further until you have paid such fees in full.
8.3. The fees for our Services or any additional services provided by us are strictly non-refundable unless otherwise expressly provided for in this Platform Terms & Conditions. All other fees due to any other service providers or third parties including relevant authorities, will not be refundable once paid or payable to such parties.

9. DISCLAIMER

9.1. We are only an intermediary and do not have any authority over the issuance of any visa or documentation.
9.2. All requirements and timelines presented on our Platform are based on information obtained from the relevant authorities. Timelines are indicative and may be delayed or extended as a result of incorrect or incomplete information, or other factors beyond our control including delays by the relevant authorities.
9.3. While we will use reasonable efforts to provide up-to-date information on requirements and timelines, such information may change at any time without any prior notice even from the time we receive your information or data and the time we present the same to the relevant authorities.
9.4. By using our Platform, you acknowledge and agree that:

  • We are not responsible or liable for any errors and/or omissions in the information provided on our Platform;
  • We cannot and do not make any guarantee or assurances that any visa or documentation will be granted or on the exact terms and conditions that was applied for;
  • We cannot and do not make any guarantee or assurance on the time required for an application to be processed and granted or rejected;
  • The relevant authority may reject any application for any reason and may not provide a reason for the rejection; and
  • Apart from the visa or documentation we have assisted to procure, there may nonetheless be other formalities or documentation you must procure and complete when you depart for or arrive at your destination that we are not responsible or liable for.
  • Further, you acknowledge and agree that to the fullest extent under law:
  • We will not be held responsible for, nor will we accept any liability for, the actions of any relevant authority in delaying or rejecting any applications for any reason whatsoever; and
  • We will not be held responsible for delay, cost, loss or damage whatsoever arising from or in connection with: (a) incomplete information from you, or (b) incorrect or false information provided by you, or (c) inaccurate or incomplete supporting information or documentation from you.

10. LIMITATION OF LIABILITY

10.1. References to liability in this provision includes every kind of liability arising under or in connection with these Platform Terms and Conditions including liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
10.2. Nothing herein shall limit your payment obligations under these Platform Terms and Conditions.
10.3. To the fullest extent under law, we shall not be liable for any direct, indirect or consequential damages, costs or expenses and all statutory or implied conditions and warranties, including, without limitation, lost income or profits or travel or holiday costs or any loss arising from information obtained from the Platform.
10.4. Nothing in these Platform Terms and Conditions limits any liability which cannot legally be limited, including liability for:

  • death or personal injury caused by negligence; and
  • fraud or fraudulent misrepresentation.

10.5. Subject to the foregoing, our total liability to you shall not exceed the sums paid by you for the relevant Transaction. This sum shall be reduced by any sums paid to other service providers or third parties including relevant authorities.
10.6. Unless you notify us that you intend to make a claim in respect of an incident within the notice period, we shall have no liability for that incident. The notice period for an incident shall start on the day on which you became, or ought reasonably to have become, aware of the incident having occurred and shall expire six (6) months from that date. The notice must be in writing and must identify the incident and the grounds for the claim in reasonable detail.

11. Accuracy of information

11.1. While we make reasonable efforts to update the information on our Platform, because our Services depend on third parties who may make changes beyond our control, we make no representations, warranties or guarantees, whether express or implied, that the content on our Platform is accurate, complete or up to date.

12. Use of material on our site

12.1. We are the owner or the licensee of all intellectual property rights in our Platform, and in the material published on it. All such rights are fully reserved.
12.2. You may only use the content on our Platform in order to use our Services. You shall not use any of the content on our Platform for commercial purposes without obtaining a licence to do so from us or our licensors.

13. No text or data mining, or web scraping

13.1. You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our Platform or any services provided via, or in relation to, our Platform. This includes using (or permitting, authorising or attempting the use of):

  • Any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the site or any data, content, information or services accessed via the same.
  • Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.

13.2. This shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.

14. Websites we link to

14.1. Where our Platform contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
14.2. You acknowledge and agree that:

  • our influence over these third parties and their offerings is limited; and
  • we are not accountable for any third-party content, products, or performances; and
  • we are not liable for any direct or indirect losses or damages arising from your use or dependence on such third-party elements.

15. How we may use your personal data

15.1. We will only use your personal data for the purposes of providing the Services and as set out in our data protection policy.

16. Uploads to our Platform

16.1. Our Platform may require you to upload your information or data in order to provide you with the Services.
16.2. You warrant and represent that:

  • you have the right and authority to upload information or data you to our Platform, and
  • all information and files you upload to our Platform is free from any malware, viruses, worms, trojan horses, time bombs, cancelbots or any other harmful, damaging or destructive programmes, and you are liable to us and indemnify us for any breach of that warranty.

This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
16.3. By uploading information or data to our Platform, you hereby grant us a limited, worldwide, non-exclusive, royalty-free and transferable licence to use, reproduce, store and copy that information or data and to distribute and make it available to third parties in order to provide you with the Services.
16.4 You are solely responsible for securing and backing up your content.

17. Rules about linking to our site

17.1. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
17.2. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
17.3. You must not establish a link to our site in any website that is not owned by you.
17.4. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
17.5. We reserve the right to withdraw linking permission without notice.

18. Affiliate Programme

18.1. Our Affiliate Programme allows our Affiliates (defined in the terms of our Affiliate Programme) to monetize their blogs, website, social media, or other engagement with their followers or users. When users purchase our Services using an Affiliate’s personalised link, our Affiliate can receive commission income for qualifying purchases.
18.2. Further details of our Affiliate Programme are available at our affiliate page which is linked in the footer of this page.

General Provisions

19. Indemnity

19.1. You shall indemnify us, including our employees, directors and agents, in full against all claims, damages, losses, liabilities, claims, costs, expenses, demands and actions resulting from your use of the Platform and Services, your negligence, omission, act or breach of these Platform Terms and Conditions.

20. Force Majeure

20.1. We shall not be in breach of these Platform Terms and Conditions nor be liable for delay in performing, or failure to perform, any of its obligations under this these Terms and Conditions if such delay or failure result from events, circumstances or causes beyond its reasonable control. These include acts of God, requirements of any governmental or regulatory authority, war, national emergency, acts of terrorism, accident, fire, lightning, equipment failure, cyberattacks (including any type of offensive manoeuvre that targets computer information systems, infrastructure, computer networks or personal computer devices), computer software or software malfunction (including due to malicious software programmes), interception of online communication, identity theft, electrical power failure, faults, interruption or disruption of the network or the networks of or of your equipment or the equipment of any third party, riots, strikes, lock-outs, industrial disputes (whether or not involving our employees) or epidemics of infectious diseases.

21. Conclusiveness of records

21.1. In the absence of fraud or manifest error, all our records relating to this Platform and Services are conclusive evidence of their accuracy and completeness.

22. Assignment

22.1. We may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights and obligations under these Platform Terms and Conditions.
22.2. You may not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of its rights and obligations under this Platform Terms & Conditions without our prior written consent.

23. Waiver

23.1. If we do not, or if we delay, the exercise or enforcement of any of our rights under this Agreement, we will not be considered to have waived our rights, and our right to fully exercise and enforce all our rights under this Agreement will not be affected.

24. Entire Agreement and Severability

24.1. Except where stated by us, these Platform Terms and Conditions and other terms and conditions as expressly referenced by us in writing, contain the whole agreement between you and us with respect to your use of this Platform and the Services, and there are no other agreements or terms, oral or written, express or implied, which govern the provision by us of the Platform and the Services.
24.2. If any part of these Platform Terms and Conditions is invalid, illegal or unenforceable (whether in whole or in part), such provision shall be deemed modified to the extent of such invalidity, illegality or unenforceability and the remaining provisions of these Platform Terms and Conditions shall not be affected.

25. Rights of Third Parties

25.1. Save for our Affiliates, third parties who are not involved in these Platform Terms and Conditions cannot enforce it under the Contracts (Rights of Third Parties) Act 2001.

26. Governing Law and Dispute Resolution

26.1. These terms of use, their subject matter and their formation, are governed by the laws of Singapore.
26.2. Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of 1 arbitrator. The language of the arbitration shall be English.
26.3. The parties further agree that following the commencement of arbitration, they will attempt in good faith to resolve the Dispute through mediation at the Singapore International Mediation Centre (“SIMC”), in accordance with the SIAC-SIMC Arb-Med-Arb Protocol for the time being in force. Any settlement reached in the course of the mediation shall be referred to the arbitral tribunal appointed by SIAC and may be made a consent award on agreed terms.

27. Definitions

“Economic Sanctions” means any sanctions, designations, prohibitions, restrictions, export controls, trade or economic sanctions, embargoes or similar laws, regulations, rules, licences, orders or requirements or other orders imposed by any national or international authority against any party or parties listed on any list including but not limited to the Lists of Designated Individuals and Entities and Targeted Financial Sanctions maintained by the Monetary Authority of Singapore, and other lists maintained by the United Nations, United Kingdom, United States and the European Union including but not limited to the Consolidated List of Financial Sanctions Targets and the Specially Designated Nationals and Blocked Persons List.
“Platform” means the Visaly website, our mobile applications, the information we share on this Platforms, and any products or services acquired through them, including travel-related documentation.
“Services” means information and assistance in obtaining visas and other travel documentation provided by us or through our Service Aides, and any other service we may make available whether for or without a fee.
“Transaction” means any order or request for Services submitted by you on our Platform.