Terms and Conditions (Substantial and Revocable)
Terms & Conditions of Business
These General Terms & Conditions shall be referred to as the Terms & Conditions of the business of CHISTY LAW ASSOCIATES PRIVATE LIMITED (hereinafter referred to as the company) and between its clients (which may be a natural or juristic person in respect of service(s) or product(s). These Terms & Conditions will be referred to as general Terms & Conditions and you shall be bound to these Terms & Conditions as the client enters into an agreement with us or engage/purchase any of our service(s) or product(s).
WHEREAS CHISTY LAW ASSOCIATES PRIVATE LIMITED is a corporate legal entity duly registered with the Securities and Exchange Commission of Pakistan (SECP) and having a registered Trademark as CHISTY LAW CHAMBERS hereinafter referred to as “CLC”
WHEREAS CHISTY LAW ASSOCIATES PRIVATE LIMITED is providing competent Legal Services in “Immigration Laws” in accordance with the Immigration Laws, Rules, and Regulations for the time being in force.
CONTRACT/TERMS & CONDITIONS
- These Terms & Conditions shall be applicable to all agreements, contracts, covenants, addendum, corrigendum, declarations, switching/ change of category, and, business dealings between the Company and the client. These are deemed to be applicable to clients with all the amendments either upon receipt of a duly signed copy of the contract by the client or payment of a professional fee by purchasing any of our product(s) or hiring our service(s).
- The client shall be bound to these Terms & Conditions and the Company reserves the right to amend, vary, modify, suspend, cancel, terminate or revoke any term without any prior written or oral notice but any amendment or variation shall have retrospective effect on all the clients whether existing or future clients.
- The client shall provide the company with all the information required to proceed with its case and the company reserves the right to use this information in furtherance of the case and share it with any third party/Educational Institution/Immigration Authority/Endorsement Body, as and when necessary.
- The Client shall pay the due professional fee or other charges in case of additional services subject to the modification in the contract.
- The Client shall acquire any license, permit, certificate, letter or diploma at his own cost which is required by the Company through Partners or a third party to provide its services.
- The company shall provide its services and additional services/ products in a professional and timely manner which shall be an approximate minimum time. The company shall not be liable for any delay which is beyond its control.
- If the client revokes an agreement by reason of delay, the company shall not be liable for any loss and all the professional fees which the client has paid, shall be non-refundable.
- The company shall not be liable for any delay because of changes in policy, changes in requirements by University, revised fees, natural disasters, and pandemics.
- The company may process the client’s application to a suitable Educational Institution/Immigration Authority/Endorsement Body and may help the client to secure admission, or any other online service(s) through Partners, or third party, that the client requires, but Company shall not be liable in any case where the client has failed to secure the admission because of his failure in any interview conducted by third party /Educational Institution/ Immigration Authority/Endorsement Body or unable to meet the requirements of such third party /Educational Institution/Immigration Authority/Endorsement Body.
- The Company shall charge a net professional fee for consideration of the services provided by the company to the client.
- All the fees shall be in PKR or according to the country where services are required. The company reserves the right to change the quoted professional fee at any time without any prior written or oral notice as per fee changes by any third party who is a concerned authority in the country, where services are required. The company shall not be liable for any such change.
- The client may pay the professional fees through a Cheque, online funds transfer, debit or credit cards, or bank drafts in the company’s nominated bank accounts.
- There is no refund policy. The client is bound to pay the agreed professional fee within 15 working days of subscribing the said to the agreement. The process will be initiated upon receiving the fees otherwise the company has reserved the right to terminate the agreement.
- If the client revokes the said agreement after subscribing to the said agreement it shall lose all the paid fees to date because there exists no refund policy.
- The Company has the right to terminate this agreement if the client does not pay the professional fees within the period of 15 working days after signing it.
- The company shall not be liable for any change of policies or programs by a third party /Educational Institution/Immigration Authority/Endorsement Body.
- If the client terminates the agreement, the client shall be liable to pay the full professional fee. If any appointment made with a third party is cancelled by the client or if the client asks to reschedule its appointment, the client shall be liable for all the applicable costs.
- In case of any dispute or conflict arising between the company and the client, the company shall not be liable for any loss and the client shall lose all the paid fees.
- Subject to the contract between the parties, the client shall not be allowed for the time written in the said agreement or for the period of 12 months, to sub-contract on or behalf of the Company with any third party except to prior written consent of the company.
- The client shall not be allowed to undue influence the agreement or any of its provisions and the Company shall not bear any kind of threat, intimidation, or abusive language against its employees and the management. If any damage is caused to the Company because of the breach of any of the provisions of the agreement or term, the company shall be entitled to claim any relief or start court proceedings against the client or the client’s representative, as the case may be.
- The Company shall not be liable for any injury, damage, or loss caused to the client, its representative or any agent acting on its behalf in any way and manner, for any matter connected to the company.
- The client shall indemnify the Company against any/ all claims, demands, actions, proceedings, and liabilities of any third party arising out of or in connection with the provision of the services or additional services.
- The client shall indemnify the company if the client suffers any loss by an act of God, civil unrest and political activity within or outside the country, natural disaster or act of Government or State, or any act/omission which is beyond the control of the client.
The company generally use a wide range of social media tools for online marketing such as social media campaigns, advertisements on Facebook pages, Google ads, etc. It may ensure the accuracy of provided the data on the internet.
- Software manufacturers release newer versions of their browsers from time to time and the company has a policy of design renewal that uses the latest technologies available to take advantage of these advancements.
- The client may be asked for its advice/suggestion of changes to the company’s Product(s) and Service(s) as and when these become available so the client may subscribe to the agreement as per the said changes.
The Company acknowledges the importance of privacy and tries its best to ensure the security of the client’s shared information. The company may not use the client’s confidential information for any other purposes except the required service(s). The parties shall be bound to take prior written consent from each other before they share the information with any third party, subject to necessity. The company requires it mandatory that the client shall not share with any person any information relating to the company by any means.
INTELLECTUAL PROPERTY RIGHTS
Intellectual property rights include but are not limited to any written document provided by the company including trademark, business dealing secrets, course of action, designs, any kind of content available on the company’s websites, domains and domain information etc. The client shall not be allowed to share any of such information with any third party without the prior written consent of the authorised person on/or behalf of the Company. In case of breach of any of the terms, the Company shall have reserved the right to take appropriate legal action against the person.
THIRD-PARTY CONTENT & RIGHTS
- The company’s website may contain Information, content, and links to services provided by third parties. The company accepts no liability for any damages or losses incurred to the client from the use or non-availability of such Content.
- A person who is not a party to the Contract of these General Terms shall have no right under the Contract to enforce any term of the Contract or these General Terms. This does not affect any right or remedy of any person which exists or is available.
- These General Terms and the Contract shall be governed and interpreted in all respects in accordance with applicable law, and the client irrevocably submits to the exclusive jurisdiction of the Courts of the relevant state or country. By agreeing to the use of the company’s website.
- The parties irrevocably agree that the courts of the relevant country shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these General Terms.
- The company shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of the client’s residence or, where these General Terms are entered into in the course of the client’s trade or profession, the country of the client’s principal place of business.
- All services provided are in-line and in Agreement with government legislation pertaining to money laundering, such as the Sanctions and Anti-Money Laundering Act 2018.
ADVICE & SERVICES:
- The company is not a part of any government. The Company is a private corporate legal entity a private limited company, and it has no authority to grant the client a visa of any kind. The Company can only advise people who want to proceed with their application for any immigration matter from Company or through its Partners. Please note that the final decision on all Visa applications rests with the immigration authorities of the individual country. However, the company, its partners or third party intended to safeguard the Client and provide consultancy on behalf of the Client’s interest to achieve a positive outcome and a successful result for the Client’s application.
- This is the Client’s responsibility to promptly provide any documents requested by the company or third party with accurate and detailed information and documentation regarding personal details, qualifications, work experience, and any other relevant information that, in its sole discretion.
- The Company cannot be held responsible for any inaccuracy arising from changes to such legislation, and policies that are not publicly available at the time the Service is provided, or which may occur after the Services has been provided to the Client. However, if there are changes in Law and before applying for the agreed visa or services, such services will be removed by the authorities. The company may offer those changes to its Client and will work according to the changes; this may include presenting the Client with a new/available or similar service through the company, their Partners, or a third Party.
- The Company shall not be liable for documents or Information lost or misplaced by Courier Firm, any mail service provider, or by any border and immigration authorities of any country, clients are applying for the visa.
- The Company shall not be liable for any loss or damage of any description whatsoever arising from the failure or delay in the approval of any application or arising from any third-party action.
Each party shall be excused from performing its obligations (except for payment obligations) arising from any delay or default caused by events beyond its reasonable control including, but not limited to, acts of God, health pandemics, acts of any civil, military or government authority, fire, floods, war, embargoes, labour disputes, acts of sabotage, riots, accidents, delays of carriers, voluntary or mandatory compliance with any government act, regulation or mandatory direction, request. For clarity, the Client’s requests shall not be considered ‘government’ requests under this provision.
The client warrants that:
- It has given the Company the right to include its Information on our Website, or has obtained the rights from third parties to do so;
- The client shall not provide, nor upload to the company’s Website, post, email, or otherwise transmit (or allow to be transmitted) any Information or Content/Data that is: unlawful, harmful, threatening, abusive, harassing, tortious, indecent, defamatory, obscene, libellous, menacing or invasive of another person’s privacy, hateful or racially, ethnically or otherwise objectionable, or harmful to minors in any way; in breach of any third party right under any law or under a contractual or fiduciary relationship including but not limited to:
- an infringement of any Intellectual Property Rights;
- unsolicited or unauthorised advertising, promotional material, unsolicited bulk email (also known as “junk mail”), “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation;
- containing software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware, or telecommunications equipment;
- intentionally or unintentionally a violation of any applicable law and/or regulation having the force of law;
- data that contravenes the Data Protection Legislation in any way.
The client shall not:
- Misuse websites owned and operated by the company by introducing viruses, worms or other material which is technologically harmful;
- Attempt to gain unauthorised access to websites owned and operated by the company, the Server on which websites owned and operated by the company are stored or any other server, computer or database connected to websites owned and operated by the company;
- Attack websites owned and operated by the company via a denial-of-service attack or a distributed or malicious denial-of-service attack.
- The Client shall at all times comply with the Data Protection Legislation.
- The Client shall accept that the company is under no obligation to monitor the Information and the Content/Data of its clients and accept that the company excludes all liability of any kind for all material comprising the Information and the Content/Data of its clients.
The company warrants that:
- It shall perform the Service(s) with reasonable skill and care in accordance with the standards generally observed in the industry for similar services, and it may comply with the Data Protection Legislation.
- The company will not be liable to the Client, any officials, or any government or private authorities/agencies for misleading, forged, or falsified documents or Information provided by them. The company will use and rely on Information provided by the Client without having independently verified or assumed responsibility for the accuracy or completeness of such Information. Accordingly, the Information provided by the Client must be correct, including contact details such as email, etc. If the Information provided by the Client is not correct, we will not be able to provide our services in the correct manner.
- By agreeing to use the company’s website, the client may give implied consent to have access to its personal data which may contain some sensitive information. This may include but is not limited to its name, educational information, correspondence addresses, a required field of study or preferred university, etc.
- The company collects the client’s data by only and all lawful means as at first instance The company collect it from the client directly, or any authorised third party, or social media websites such as Facebook pages, google etc.
- The company use this data only to process the client’s required service(s) and to help the client to get its desired service.
- The company only disclose this information to any third party which is directly connected to the client’s case such as Third Party services provider, Universities, authorities etc.
DEFINITIONS AND INTERPRETATIONS
the following definitions and rules of interpretation apply in these General Terms:
Applicable Laws: means all applicable laws, statutes, regulations and codes from time to time in force, within the country and outside the country.
Business Day: means a day other than a Saturday, Sunday, or public holiday within the country and outside the country when banks are open for business.
Business Hours: means the period from 9.00 am to 5.30 pm on any Business Day.
Chisty Law Associates Private Limited: means a company duly incorporated Securities and Exchange Commission of Pakistan (SECP) having CUIN 0118025 registered with core activities of providing consultancy services and legal advice in immigration laws through its partners or third party.
Terms and conditions: also refer to “Terms of business”.
CLC: refers to “Chisty Law Chambers”.
Client: means any person, natural or juristic.
Agreement: includes agreements, contracts, covenants, addendum, corrigendum, declarations, switching/change of category and, business dealings
Charges: means the charges also known as the professional fee as set out between the parties through the agreement/contract between them.
Compliance Authority: means the body or bodies responsible for the regulatory aspects of licensing, financial advisers, consultants or other professionals in other industry sectors.
Confidential Information: means all Information designated as such by either party in writing together with all such other Information which relates to the business, affairs, products, developments, trade secrets, know-how, personnel and customers of either party or Information which may reasonably be regarded as the confidential Information of the disclosing party.
Contract: means a contract, subject to these General Terms, for the provision of the Product(s) and/or Service(s) between you and us.
Customer: means any person, natural or juristic purchasing the Product(s) or hiring the Services of the company.
Client’s Content/Data: means text, graphics, photographs, sounds, Information, data, music, video, film or any other copyright work publicly available on the company’s Website or provided for publication by the client or any other third party commissioned by the client, together with all User Generated Content and Information regarding Users (such as, for example, the number of page impressions, users email addresses or other information posted by Users).
Data Protection Legislation: all legislation and regulatory requirements in force from time to time relating to the use of personal data and the privacy of electronic communications, including, without limitation.
Default: means any breach of the obligations of either party (including but not limited to a fundamental breach or breach of a fundamental term).
Domain Name: means the name registered with an Internet Registration Authority used as part of the CLC’s URL.
Domains: means the website domains owned and operated by the company,
General: means Terms and conditions or Terms of Business OF the Company.
Information: means Information in any form (including visual and textual) published or otherwise made available (directly or indirectly) on the Internet through the company’s Website.
Intellectual Property Rights: means patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, Confidential Information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Internet Registration Authority: means an official organisation that administers a database registry of all Domain Names based on specific geographical or other criteria.
Invoices: means invoices raised by the company, partners, or third party for the Service(s) provided pursuant to a Contract and, if specifically requested, confirmed to the client either by email or any other automated means.
Ongoing Service(s): means website support and maintenance, website hosting, website optimisation, or other Service (s) offered by the company which may impose either a monthly or annual payment.
Online Marketing Services: means the provision of the data processing service(s) and software for the company’s usage as defined in clause “Online Marketing” of these General Terms.
Order: means a purchase order or Invoice for hiring the company, the company’s Partners or a third party in respect of the Product(s) and/or Service(s), respectively.
Party: means the Client or the Services Provider, as the case may be, and “Parties” means both of them.
Product(s): means the Product or products which are the subject matter of a Contract, being the Product (s) to be provided by the company, the company’s Partners, or a third party to the client via email pursuant to the Order.
Quotation: means a quotation, either in written Form or as published on the company’s Website, for an agreed piece of work (incorporating these General Terms).
Server: means the company’s Internet server or servers.
Services: means the company’s services which are the subject matter of a Contract, being the work and/or Service (s) to be performed by the company, the company’s partners, or a third party on the client’s behalf pursuant to the Order including, without limitation, the Ongoing Service(s) and any other service advertised or offered.
Specification: this means the specification for any services agreed upon between the client and the company by way of email and set out in the Order.
Standard Content: This means the technical Content that the company supplies to the client for use in respect of any other Product or Service provided by the company.
Standard Feature(s): means the standard range of features, facilities and, services supplied to the client by the company, including the Standard Content in accordance with the pricing structure agreed between the company and/or any other marketing literature, all of which may be changed or amended by the company at its discretion and without notice.
Standard Form: this means our standard Form of Order.
User: means any member of the public accessing our Website via the Internet or by any other means.
User-Generated Content: means all such material posted by Users or visitors on the company’s Website.
URL: means a uniform resource locator.