South Africa
disclaimer
VFS Visa Processing South Africa Pty. Ltd (hereinafter referred to as "VFS")is an outsource partner of the UK Border Agency in South Africa. In this capacity, VFS receives supporting documents and applicable fees for visa processing; from visa applicants applying for a visa to enter the UK. After visa applications are assessed by the UK Border Agency at the British High Commission in Pretoria, VFS facilitates the return of supporting documents to visa applicants, except where the UK Border Agency decides to return supporting documents directly to an applicant.

VFS does hereby declare that it has no role in the assessment of a visa application, which is the sole prerogative of the UK Border Agency. VFS will not be liable or responsible for any delay in the processing or rejection of any visa applications, once the documents have been delivered to the UK Border Agency.

VFS takes every precaution in handling passports and documents submitted by applicants. The handling of passports and documents are also subject to unforeseen events and circumstances outside VFS' control and cannot be attributable to any act or failure to take preventive action by VFS. Such events and circumstances will not include any industrial action occurring within VFS or any of its sub-contractors.

VFS offers a courier return service, for returning processed applications to visa applicants upon request and for a prescribed fee. Visa applicants who choose to use the service agree and accept that the courier acceptance and delivery service (which documents are returned to the applicants by VFS) is operated by a third-party and is not within the control of VFS. VFS does not control or operate any courier company and disclaims all liability towards any loss or damage caused to the applicant in the event that the applicant's documents are delayed, misplaced, lost or damaged by the courier company: or if such delay, misplacement, loss or damage arises from negligence, accident or any other cause.

It is further clarified that in no event shall VFS or its representatives be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages due to such delay, misplacement, loss or damage of the documents, including the applicant's passport. Without prejudice to the aforesaid, VFS's and its representatives sole and exclusive liability in case of all or any loss or damage in transit of a passport only is limited to the reimbursement of the amount of fees charged by the Department of Foreign Affairs, Republic of South Africa: for the replacement of a lost or damaged passport through normal application procedures.

Such reimbursement of the fee amount will be made by VFS to the applicant only on the presentation by the applicant of the payment receipt issued by the Department of Foreign Affairs, Republic of South Africa. The applicant agrees that the foregoing limitation of liability is an agreed allocation of risk between the parties and this limitation of liability is and shall be an integral part of this disclaimer.

VFS will not be responsible or liable for any consequential loss or damage that may be caused to the applicant due to loss of passport and related documents. It is understood that when the applicant or representative of the applicant submits the passport and related documents along with the applicable visa fees; the applicant has understood the terms and conditions and details as mentioned herein. The fees once paid by the applicant are not refundable under any circumstances.

No employee of VFS has any right or authority to change, amend or amplify the contents mentioned herein.

Dispute of any nature, the jurisdiction will be in Johannesburg, South Africa.

SMS Service: Disclaimer and Terms and Conditions
   
  The Short Messaging Service ('SMS') provided to visa applicants is to update the applicants on the current status of the process of their visa application. The information provided by SMS is based on the information provided by the UK Border Agency at the British High Commission in Pretoria, South Africa. VFS ensures information is made available to the visa applicant promptly and accurately. The visa applicant shall at all times be responsible for providing and maintaining an SMS text compatible mobile phone number, where VFS can send text messages regarding the status of the visa application to the visa applicant. The visa applicant is responsible for ensuring connection to a mobile network capable of receiving the SMS Services. If the visa applicant's mobile phone is switched off, disconnected for any reasons or is out of coverage for a period of 24 hours or more, the visa applicant's mobile network provider may delete any SMS messages to be received by the visa applicant.

  The time to deliver the SMS is dependent on several factors such as; the traffic on the mobile network and whether the visa applicant's mobile phone is within reach, switched on and cannot be guaranteed by VFS. VFS is not a mobile network operator and does not guarantee the delivery of SMS text messages.

  The visa applicant confirms that VFS has been provided with the accurate mobile number for receiving SMS and that the visa applicant is the owner or its legitimate user, or that the visa applicant has the consent of the owner or legitimate user, of the mobile phone being used for the service. The visa applicant acknowledges that using another person's mobile phone, providing an inaccurate mobile phone number, unauthorised use of mobile phone number for receiving the SMS, may entail disclosure of the visa applicant 's confidential information. The disclosure is at the sole risk of the visa applicant.

  The services, once purchased, will be available to the visa applicant from the time of application till complete processing of the application or such other period as VFS may advise via our website located at www.vfs-uk-za.com. VFS reserves the right to withdraw this service at any time and without notice.

  The visa applicant must not use (or permit any third party to use) the SMS Service to send any message or communication which is Spam, illegal, offensive, abusive, indecent, obscene ,menacing or causes annoyance, inconvenience, needless anxiety or infringes the rights of third parties. VFS reserves the right to withdraw the SMS service to such visa applicant if the visa applicant is in breach of this paragraph 4. VFS may also withdraw the services if VFS in its sole discretion believes that the SMS service is being used for such purposes.

  For operational reasons VFS may vary the technical specification of the services with or without notice. In the event of any change to the service the 'Terms and Conditions' are to be treated as varied accordingly.

  The visa applicant acknowledges that the SMS services may, at any time, be adversely affected by problems with the visa applicant mobile phone network, events including, without limitation, interference to the network coverage. VFS is not responsible or liable to the visa applicant for any loss, damage or expenses incurred directly or indirectly by the visa applicant as a result of any difficulties experienced by the visa applicant's mobile phone service provider. Subject to the constraints described within this paragraph 7, VFS shall carry out the services with reasonable care.

  If the visa applicant does not receive SMS relating to these services. The visa applicant should inform VFS through info@vfs-uk-za.com or call our helpdesk at +27 (0) 861 837 221

  The SMS service delivers the visa application status based on the information received by VFS from the UK Border Agency, Pretoria.

  To use the services, The visa applicant should refer to the instructions available on the www.vfs-uk-za.com website. The visa applicant agrees to comply with all instructions we may give concerning the services, including any security instructions. VFS will be entitled to treat any failure by visa applicant to comply with these instructions as a breach of these 'Terms and Conditions', which will entitle VFS to deny the visa applicant access to the services.

  The visa applicant is responsible for paying charges for the message origination. Charges once paid for the SMS service will not be refunded under any circumstances.

  The visa applicant shall at its sole risk be responsible for taking all reasonable steps to prevent unauthorised persons gaining access to the services.

  While VFS takes every precaution transmission of information to transmit information. VFS shall not be responsible or liable for any unforeseen events and circumstances beyond the reasonable control of VFS.

  VFS may at its sole discretion temporarily suspend the provision of the services if such provision could materially affect the quality of any telecommunications service, including the services, provided by VFS.

  VFS specifically excludes all liability of any kind (including negligence) in respect of any third party information or other material made available on, or which can be accessed using SMS text services.

  This 'Terms and Conditions' is governed by the laws of Republic of South Africa and both parties submit to the exclusive jurisdiction of the courts in Johannesburg South Africa.

Data Protection notice
     
  Collection of data

    The privacy and protection of personal data is very important to VFS Visa processing SA Pty Ltd, including all its other brands and affiliates (hereinafter 'VFS'). VFS complies with any mandatory data protection legislation when collecting and processing personal data. Whenever you are in the process of applying for SMS service through a visa application centre we may collect and store (subject to UK Border Agency guidelines), as the case may be, the following information: your full name, your mobile number, email id, your language preference of SMS, and the country for which you have applied for a visa for the purposes of processing your visa application. Your information is held by us in the computer server(s) located in UK, London and India, Mumbai. It will also be accessed and held by our affiliates currently based in India. Any transfers of your personal data to foreign locations are made in accordance with the Data Protection Act.
     
  Disclosure to third parties

    In accordance with all mandatory data protection legislation your data may be disclosed to third parties processing data on behalf of VFS. In this context your data may also be transferred abroad. Your data may be disclosed within VFS to other than the collecting entity. Data may be used by these other VFS entities to the same extent as the collecting VFS entity is entitled to use it. Your data is treated as confidential and will not be disclosed to third parties, save for the purpose of VFS fulfilling its contractual obligations vis-à-vis you, or if required under mandatory law, particularly if requested by the competent authorities or for the purpose of enforcing VFS' rights.
     
  Use of data

    Collected data will be processed in good faith and will be used in order to transmit your visa applicantion status via SMS and email. We do not intend to use your information for any other purpose, except that if you have given consent, we may use your information for the purposes of sending you related marketing information (such as airline advertisements), which is normally included by us when we return your passport to you or sent to you by email if you have given us an email address for that purpose. You can always refuse to receive such offers and information for which you may please contact us by email at info@vfs-uk-za.com or call our helpdesk at +27 (0) 861 837 221.
     
  Terms and Conditions: Security Terms and Conditions

    VFS reserves the right to request any person who, in the sole opinion of VFS, does not conduct himself or herself in a proper and/or reasonable manner to leave the premises of VFS immediately. The following conduct will be declared unsatisfactory to VFS which includes but is not limited to: refusing to adhere to any reasonable instructions by VFS, refusing to allow a security guard to conduct a body search in compliance with any law, if requested to do so, using abusive or foul language, and/or refusing to adhere to any notices put up by VFS.
     
No weapons policy:

   
a. It is the aim of VFS to create a safe environment at their premises for their employees, clients and any person who is lawfully entitled to enter our premises;

b. No person, including any person who owns a lawful licence, may be permitted to enter the premises of VFS who knowingly possesses, has under the person's control, or conveys a firearm or other dangerous weapon howsoever arising;

c. Carrying a firearm onto the premises of VFS shall be in violation of our policy and shall be considered to be an act of criminal trespass and will be grounds for immediate removal by VFS and may furthermore result in prosecution;

d. This policy applies to all of VFS's directors, their employees, contractors and temporary employees, clients and any other person that enters into the premises of VFS, regardless of whether they are licensed to carry a firearm. The only exceptions to this policy visiting VFS premises on official duty and not as applicants or prospective applicants.

e. VFS reserves the right to conduct a search on any person, vehicle or object that enters the premises of VFS;

f. This policy shall not be construed as to create any duty or obligation on the part of VFS to take any actions beyond those required by VFS in accordance with their rights in law;

g. Failure to abide by the terms and conditions of this weapons policy may result in a person being requested to leave the premises of VFS immediately or any other rights that VFS shall be entitled to in law.

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