conditions of use and sale

Help with my visa!, a trading name of Souter Point Limited (“the Company“), provides website features and other products and services to you when you visit or shop at helpwithmyvisa.com (the “digital marketplace“) (“Services“).

 

Please see our Privacy Policy and our Cookie Policy to understand how we collect and process your personal information through the website. Company provides the Services and sells products to you subject to the conditions set out on this page.

CONDITIONS OF USE AND SALE

CONDITIONS OF USE

Please read these conditions carefully before using Company Services. By using Company Services, you signify your agreement to be bound by these conditions. 

 

Company offers a wide range of Services, and sometimes additional terms may apply. When you use a Company Service, you will also be subject to the terms, guidelines and conditions applicable to that Service (“Service Terms”). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will take precedent.

ELECTRONIC COMMUNICATIONS

When you use any Company Service or send e-mails to us either directly or using a web form, you are communicating with us electronically. We will communicate with you electronically in a variety of ways, such as by e-mail, text or by posting messages or communications on the digital marketplace. 

 

For contractual purposes, you agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing, unless mandatory applicable laws specifically require a different form of communication.

RECOMMENDATIONS AND PERSONALISATION

As part of the Company Services, we will recommend features, products, and services, including third part ads that might be of interest to you, identify your preferences, and personalise your experience.

COPYRIGHT, AUTHORS' RIGHTS AND DATABASE RIGHTS

All content included in or made available through any Company Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads and data compilations is the property of the Company or its content suppliers and is protected by English copyright, authors’ rights and database right laws. The compilation of all content included in or made available through any Company Service is the exclusive property of the Company and is protected by English copyright and database right laws.

 

You may not extract and/or re-utilise parts of the content of any Company Service without our express written consent. In particular, you may not use any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation any substantial parts of the content of any Company Service, without our express written consent. You may also not create and/or publish your own database that features substantial parts of any Company Service (e.g. our prices and product listings) without our express written consent.

TRADEMARKS

In addition graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Company Service are trademarks or trade dress of the Company. The Company’s trademarks and trade dress may not be used in connection with any product or service that is not the Company’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits the Company. All other trademarks not owned by the Company that appear in any Company Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company.

LICENCE AND ACCESS

Subject to your compliance with these Conditions of Use and applicable Service Terms and your payment of any applicable fees, Company or its content providers grant you a limited, non-exclusive, non-transferable, non-sub-licensable licence to access and make personal and non-commercial use of the Company Services. This licence does not include any resale or commercial use of any Company Service or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Company Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

 

All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Company or its licensors, suppliers, publishers, rights holders, or other content providers. No Company Service, nor any part of any Company Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or use framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout, or form) of the Company without our express written consent. You may not use any meta tags or any other “hidden text” utilising Company’s names or trademarks without our express written consent.

 

You may not misuse the Company Services. You may use the Company Services only as permitted by law. The licences granted by the Company terminate if you do not comply with these Conditions of Use or any Service Terms.

YOUR ACCOUNT

You may need your own account on the digital marketplace to use certain Company Services, and you may be required to be logged into the account and have a valid payment method associated with it.

 

If there is a problem charging your selected payment method we may charge any other valid payment method associated with your account.

 

If you use any Company Service you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and to the extent permitted by applicable law you agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be used in an unauthorised manner. 

 

You are responsible for ensuring that the details you provide us with are correct and complete, and for informing us of any changes to the information you have provided. You can access your information in the My Account section of the website. Please see our Privacy Policy page to learn about how to access your personal information.

 

You must not use any Company Service: (i) in any way that causes, or is likely to cause, any Company Service, or any access to it to be interrupted, damaged or impaired in any way, or (ii) for fraudulent purposes, or in connection with a criminal offence or other unlawful activity, or (iii) to cause annoyance, inconvenience or anxiety.

 

We reserve the right to refuse service, terminate accounts or remove or edit content if you are in breach of applicable laws, these Conditions of Use or any other applicable terms and conditions, guidelines or policies.

REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT

Visitors may post comments and other content; and submit suggestions, ideas, comments, questions or other information, and customers may post reviews, comments and other content; and submit suggestions, ideas, comments, questions or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”. 

 

You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. We reserve the right to remove or edit such content. If you believe that any content on or advertised for sale on any Company Service contains a defamatory statement, or that your intellectual property rights are being infringed by an item or information on any Company Service, please notify us by contacting us and we will respond.

 

If you post customer reviews, comments, customer questions or answers, or other content generated by you for display on the website (including any images, video or audio, all together “content”, you grant Company (a) a non-exclusive, royalty-free licence to use, reproduce, publish, make available, translate and modify such content throughout the world (including the right to sublicense these rights to third parties) and (b) the right to use the name that you submit in connection with such content. No moral rights are transferred by this provision.

 

You may delete your content from public view or, where such functionality is offered, change settings so that it is only shown to people to whom you grant access.

 

You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is posted: (i) the content and material is accurate; and (ii) use of the content and material you supply does not breach any applicable policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). 

 

You agree to indemnify Company for all claims brought by a third party against Company arising out of or in connection with the content and material you supply except to the extent that any liability arises from our failure to properly remove the content when it is notified of the illegal nature of the content arising out of or on the grounds of, or originating from the content that you have communicated to us. 

 

By deleting content from public view, you withdraw your license for Company to publish and make available that content publicly.

INTELLECTUAL PROPERTY CLAIMS

Company respects the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please contact us.

OTHER BUSINESS

Parties other than Company provide services, or sell product lines on this digital marketplace. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. Company does not assume any responsibility or liability for the actions, product, and content of all of these or any other third parties. You can tell when a third party is involved in your transactions, and we may share your information related to those transactions with that third party. You should carefully review their privacy statements and other conditions of use.

COMPANY’S ROLE

Company allows third party sellers to list and sell their products at helpwithmyvisa.com in each such case this is indicated on the respective product detail page.

 

While Company as a service provider helps facilitate transactions that are carried out on the Company website, Company is neither the buyer nor the seller of the seller’s items. 

 

Company provides a service for sellers and buyers to complete transactions. Accordingly, the contract formed at the completion of a sale for these third party products is solely between buyer and seller. Company is not a party to this contract nor assumes any responsibility arising out of or in connection with it nor is it the seller’s agent. The seller is responsible for the sale of the products and for dealing with any buyer claims or any other issue arising out of or in connection with the contract between the buyer and seller.

OUR LIABILITY

We will do our utmost to ensure that availability of the Company Services will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Your access to Company Services may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.

 

Company will not be responsible for (i) losses that were not caused by any breach on our part, or (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (iii) any indirect or consequential losses that were not foreseeable to both you and us when you commenced using the Company Services.

 

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your legal right to have goods sent or services provided within a reasonable time or to receive a refund if goods or services ordered cannot be supplied within a reasonable time owing to a cause beyond our reasonable control.

 

The laws of some countries do not allow some or all of the limitations described above. If these laws apply to you, some or all of the above limitations may not apply to you and you might have additional rights.

 

Nothing in these conditions limits or excludes our responsibility for fraudulent representations made by us or for death or personal injury caused by our negligence or wilful misconduct.

APPLICABLE LAW

These conditions are governed by and construed in accordance with the laws of the England and Wales, and the application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. If you are a consumer and have your habitual residence in the EU or the UK, you additionally enjoy the protection afforded to you by mandatory provisions of the law of your country of residence, such as the Consumer Contracts Regulations 2013 in the UK. We both agree to submit to the non-exclusive jurisdiction of the courts of the district of London, which means that you may bring a claim to enforce your consumer protection rights in connection with these Conditions of Use in the UK or in the EU country in which you live. If you reside in the EU, the European Commission provides for an online dispute resolution platform, which you can access here: https://ec.europa.eu/consumers/odr. If you would like to bring a matter to our attention, please contact us.

ALTERATIONS TO SERVICE OR AMENDMENTS TO THE CONDITIONS OF USE

We reserve the right to make changes to any Company Services, policies, terms and conditions including these Conditions of Use, and Service Terms at any time. You will be subject to the terms and conditions, policies and Conditions of Use in force at the time that you use the Company Services. If any of these Conditions of Use is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

WAIVER

If you breach these Conditions of Use and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Use.

CHILDREN

We do not sell products for purchase by children. We sell children’s products for purchase by adults. If you are under 18 you may use the Company Services only with the involvement of a parent or guardian.

OUR CONTACT DETAILS

This website is owned and maintained by Souter Point Limited.

Souter Point Limited

Address: 85 London Road, Cheltenham GL52 6HL, United Kingdom

Company Registration Number: 09871760

UK VAT Registration Number: GB 226 6124 25

Contact Us: https://helpwithmyvisa.com/contact-us/

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF RIGHT INFRINGEMENTS

If you believe that your intellectual property rights have been infringed, please submit your complaint by contacting us.

 

Upon receipt of a complaint we may take certain actions, including removing information or an item, and termination of repeat infringers in appropriate circumstances. All such actions are taken without any admission as to liability and without prejudice to any rights, remedies or defences, all of which are expressly reserved. This includes forwarding the complaint to the parties involved in the provision of the allegedly infringing content. You agree to indemnify Company for all claims brought by a third party against Souter Point arising out of or in connection with the submission of a complaint.

 

Note on Third Party Seller Listings: Please keep in mind that Third Party Seller listings are merely hosted on helpwithmyvisa.com and are posted solely at the direction of Third Party Sellers.

 

Important Warning: giving false, misleading or inaccurate information to Company may result in civil and/or criminal liability. You should contact a legal advisor should you have any questions.

NOTICE AND PROCEDURE FOR NOTIFYING COMPANY OF DEFAMATORY CONTENT

Because hundreds of products are listed and many thousands of customer reviews and comments are hosted on helpwithmyvisa.com, it is not possible for us to be aware of the contents of each product listed for sale, or each customer review or comment that is displayed. Accordingly, we operate on a “notice and action” basis. If you believe that any content on, or within a product advertised for sale on, the helpwithmyvisa.com website contains a defamatory statement, please notify Company immediately by contacting us.

 

Important Warning: giving false, misleading or inaccurate information in the notice to Company of Defamatory Content on helpwithmyvisa.com may result in civil and criminal liability.

ADDITIONAL COMPANY SOFTWARE TERMS

  1. Use of the Company Software. You may use Company Software, which is provided by WordPress, WooCommerce and other third-party plugin authors, solely for purposes of enabling you to use and enjoy the Company Services as provided by Company, and as permitted by the Conditions of Use, these Software Terms and any Service Terms. You may not incorporate any portion of the Company Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Company Software or otherwise assign any rights to the Company Software in whole or in part. You may not use the Company Software for any illegal purpose. We may cease providing any Company Software and we may terminate your right to use any Company Software at any time. Your rights to use the Company Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the Conditions of Use or any other Service Terms. Additional third party terms contained within or distributed with certain Company Software that are specifically identified in related documentation may apply to that Company Software (or software incorporated with the Company Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any Company Service is the property of Company or its software suppliers and protected by English copyright laws.
  2. Use of Third Party Services. When you use the Company Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.
  3. No Reverse Engineering. Unless explicitly permitted under applicable mandatory law, you may not, and you will not encourage, assist or authorise any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Company Software, whether in whole or in part, or create any derivative works from or of the Company Software.
  4. Updates. In order to keep the Company Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.

CONDITIONS OF SALE

These Conditions of Sale govern the sale of products through the Company website to you.  We offer a wide range of Company Services, and sometimes additional terms may apply. If these Conditions of Sale are inconsistent with the Service Terms, those Service Terms will control.

 

Please read these conditions carefully before placing an order on helpwithmyvisa.com. By placing an order on helpwithmyvisa.com, you signify your agreement to be bound by these conditions.

YOUR CONTRACT

Your order is an offer to the seller to buy the product(s) in your order through the helpwithmyvisa.com digital marketplace. When you place an order to purchase a product from Company, we will send you an e-mail confirming receipt of your order and containing the details of your order (the “Order Confirmation E-mail”). The Order Confirmation E-mail is acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the product(s) ordered. We only accept your offer, and conclude the contract of sale for a product ordered by you, when the seller you have bought from contacts you to either i) provide the service you have offered to purchase; ii) confirm acceptance of your offer to buy. Your contract is with seller. Without affecting your right of cancellation set out in Section 2 below, you can cancel your order for a product at no cost any time before acceptance of your offer to buy by the seller relating to that product. This right to cancel does not apply to products and services where work on fulfilment has already begun.

 

You consent to receive sales invoices electronically. Electronic invoices will be made available in pdf format on email.

 

Please note that we sell products only in quantities which correspond to the typical needs of an average household. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity typical for a normal household.

RIGHT OF CANCELLATION UP TO 14 DAYS, EXCEPTIONS TO CANCELLATION AND OUR VOLUNTARY RETURNS GUARANTEE

STATUTORY RIGHT

Unless one of the exceptions listed below applies, if you are based in the UK in accordance with the Consumer Contracts regulations 2013 or the EU in accordance with the Consumer rights directive you can cancel your order without giving any reason within 14 days from the day on which you or a third party indicated by you receives the services purchased or from the day of the conclusion of the contract, in the case of services or digital content not supplied in a tangible medium.

 

You must inform us of your decision to cancel your order using the contact details provided. To meet the cancellation deadline, it is sufficient for you to send your communication before the 14 days’ cancellation period has expired.

 

If you are based outside the UK and EU you will not be able to cancel your order under the above legislation.

100% Help with my visa! money-back Guarantee

In addition to your Statutory Rights for cancellation and refund, as part of the processing fee paid to Help with my visa! we will underwrite the success of your visa application by offering a 100% money-back guarantee on the immigration advice and Help with my visa! processing fees if your visa application is refused, providing that:

  1. You bought a full immigration advice service  to apply for a UK visa and used an OISC or SRA regulated immigration professional to advise you and prepare your visa application; and
  2. You were refused a visa based on a visa application you submitted following the professional advice you received from an immigration adviser you appointed through Help with my visa!; and
  3. You were refused a visa that is the same visa type as the one listed in the service you purchased through Help with my visa!; and
  4. You followed all instructions provided by the immigration adviser you appointed through Help with my visa!; and
  5. You did not add, remove, change or otherwise amend any information or documents submitted with your visa application against or contrary to the advice provided by your appointed immigration adviser;
  6. Your immigration adviser did not advise you against submitting your visa application in the manner in which it was prepared; and
  7. Your visa refusal is due to issues with the preparation and information contained within your visa application form or supporting documents and not as the result of your prior immigration history, your character, any criminal records you have (in the UK or any other country), false or fraudulent information you provided to your immigration adviser, national security reasons or any other reason not related to your visa application form or supporting documents.

All claims made under the 100% Help with my visa! Money-back Guarantee must be made in writing using the Help with my visa! Refund Request form.

All refund requests made under this scheme will be checked for validity with the immigration adviser who advised you on your visa application. Written evidence of instructions provided to you will be compared against the visa refusal reasons provided by the visa processing authority. You may be entitled to a 100% refund of the fees paid for the immigration advice service plus the Help with my visa! processing fee if the reasons provided by the visa issuing authority for your visa refusal do not contradict advice you were given by your immigration adviser.

All claims made under the 100% Help with my visa! Money-back Guarantee are granted at the sole discretion of Help with my visa! management.

EFFECTS OF CANCELLATION aand refund claims

We will reimburse all payments received from you for the services purchased, no later than 14 days from the day on which we received the above communication. We will use the same means of payment as you used for the initial transaction. In any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have confirm that services have not been fulfilled or fulfilment has commenced, whichever is the earliest. If reimbursement occurs after the maximum time period mentioned above, the amount due to you will as of right be increased.

EXCEPTIONS TO THE RIGHT OF CANCELLATION

The right of cancellation does not apply to a service if Company or seller has fully performed or started to fulfil it within 14 days of your purchase and you accepted when you placed your order that we could start to deliver it, and that you could not cancel it and receive a full refund once delivery had started.

 

Company Services are deemed to have been provided at the point of completing a transaction on the digital marketplace. Seller services are deemed to have been started two (2) business days prior to your booked appointment and completed at the time your visa application is submitted to either a commercial partner operating a visa application centre service or directly at an embassy or consulate.

 

Any requests for Services cancellation after Service fulfilment has begun will be made net of reasonable costs incurred to that point. You will be informed of what costs are chargeable when you request a Service cancellation.

PRICING AND AVAILABILITY

All prices are inclusive of legally applicable VAT.

 

We list availability information for products sold on the digital marketplace including on each product information page in the form of appointment availability. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. As we process your order, we will inform you by e-mail as soon as possible if any Services you order turn out to be unavailable and you will not be charged for those Services.

 

Please note that unless otherwise stated on the digital marketplace, fulfilment estimates are just that. They are not guaranteed fulfilment times and should not be relied upon as such.

 

Despite our best efforts, a small number of the items in our catalogue may be mispriced. If we have made a mistake and a product’s correct price is higher than the price on the website, we may either contact you to request whether you want to buy the product at the correct price or cancel your order. If a product’s correct price is lower than our stated price, we will charge the lower amount.

PRODUCT INFORMATION

Unless expressly indicated otherwise, Company is not the provider of the products and services sold on this website.  All information about the products and services on our website is provided for information purposes only.

OUR LIABILITY

Company and its affiliates will not be responsible for (i) losses that were not caused by any breach on our part, or (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (iii) any indirect or consequential losses that were not foreseeable to both you and us when the contract for the sale of products by us to you was formed.

 

The laws of some countries do not allow some or all of the limitations described above. If these laws apply to you, some or all of the above limitations may not apply to you and you might have additional rights.

 

Nothing in these conditions limits or excludes our responsibility for fraudulent representations made by us or for death or personal injury caused by our negligence or wilful misconduct.

 

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your right to have the products sent to you within a reasonable time. If the delay occurs before the products are dispatched, we will not charge you for the products until they are dispatched and you may cancel your order at any time prior to dispatch.

APPLICABLE LAW

These conditions are governed by and construed in accordance with the laws of the England and Wales (with the exception of its conflict of law provisions), and the application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. We both agree to submit to the non-exclusive jurisdiction of the courts of London, which means that you may bring a claim to enforce your consumer protection rights in connection with these Conditions of Sale in the UK or in the EU country in which you live. If you are a consumer and have your habitual residence in the EU or the UK, you additionally enjoy the protection afforded to you by mandatory provisions of the law of your country of residence.

AMENDMENTS TO THE CONDITIONS OF SALE

We reserve the right to make changes to our website, policies, and terms and conditions, including these Conditions of Sale at any time. You will be subject to the terms and conditions, policies and Conditions of Sale in force at the time that you order products from us, unless any change to those terms and conditions, policies or these Conditions of Sale is required to be made by law or government authority (in which case it may apply to orders previously placed by you). If any of these Conditions of Sale is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

WAIVER

If you breach these Conditions of Sale and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Sale.

CHILDREN

We do not sell products for purchase by children. We sell children’s products for purchase by adults. If you are under 18 you may only use helpwithmyvisa.com with the involvement of a parent or guardian.

OUR CONTACT DETAILS

This website is owned and maintained by Souter Point Limited.

Souter Point Limited

Address: 85 London Road, Cheltenham GL52 6HL, United Kingdom

Company Registration Number: 09871760

UK VAT Registration Number: GB 226 6124 25

Contact Us: https://helpwithmyvisa.com/contact-us/

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