DISCLAIMER AND TERMS OF USE

VF Worldwide Holdings Limited

Spanish Visa Appointment and Information Service

Version 1 December 2011

1.	Important Notes VF Worldwide Holdings Limited (“VFWH”) recommends that you do not purchase tickets or make bookings which cannot be cancelled without cost prior to the issuance of a visa, except where it is a specific requirement stated as part of the visa application. THESE TERMS CONTAIN A DISCLAIMER WHICH LIMITS OUR LIABILITY. SEE CLAUSE 6 BELOW. UNLESS WE ARE NEGLIGENT AND AS A RESULT WE MAKE THE WRONG APPOINTMENT OR YOU MISS AN APPOINTMENT, UNDER NO CIRCUMSTANCES WILL A REFUND OF A SERVICE FEE BE PROVIDED, AND YOUR SERVICE FEE MAY BE RETAINED BY US ON PAYMENT BY YOU, EVEN IF YOU CANCEL, DO NOT ATTEND AN APPOINTMENT, OR DO NOT MAKE OR PROCEED WITH A VISA APPLICATION, AND WHETHER OR NOT A VISA IS ULTIMATELY GRANTED.
2.	Service Provider The service is provided by VFWH a company incorporated under the laws of Mauritius. You can write to us at VF Worldwide Holdings Limited c/o. Kross Border Trust Services Limited, St. Louis Business Centre, Cnr. Desroches & St. Louis Streets, Port Louis, Mauritius.
3.	Application of These Terms These terms and conditions govern your use of the services of VFWH for the scheduling of appointments for visa applications, and the provision of help, support, advice and information by us (including through our website and call centres). References in these terms to applicants are to anyone who schedules an appointment or seeks help, support, advice and information. No employee of VFWH has any authority whatsoever to change, amend, amplify or withdraw any or all of these terms and conditions without prior written approval from VFWH.
4.	The Visa Application Service 4.1 Scope VFWH is the outsourced partner of Spanish Ministry of Foreign Affairs and Cooperation. In this capacity, VFWH is authorized and employed to schedule visa application appointments to the Embassies and Consulates General of Spain in following regions / cities, and to provide associated help, support, advice and information in relation to visa applications the scheduling of appointments. Africa Accra Ghana   Angola Luanda Americas United States of America (USA) Chicago     Boston Los Angeles, CA Miami, FL New York, NY San Francisco, CA Houston, TX Washington, DC Mexico Mexico Bolivia Santa Cruz de la Sierra Chile Santiago de Chile Venezuela Caracas Europe Ireland Dublin Middle East Qatar Doha North Africa Libya Tripoli VFWH carries out these services through its website, e-mail, and call-centres. 4.2 Acceptance and Rejection of Applications The assessment of visa applications is carried out by the Embassies/Consulates General of Spain, and the grant or refusal of Spain visas is at their sole discretion. The Embassies/Consulates General of Spain reserve their right to ask for further documentation and information from applicants as they deem fit and also reserve their right to refuse the grant of any visa application. In case of any requirement by the Embassies/Consulates General of Spain for further documents and or information, applicants must supply such further documents and information if they desire for their application to continue to be considered by the Embassy/Consulate General of Spain. 4.2 Fees VFWH charge a service fee for the scheduling of visa application appointments with the Embassies/Consulates General. THE SERVICE FEE MUST BE RECEIVED IN FULL UNDER THE AVAILABLE PAYMENT OPTIONS AS CLEARED FUNDS FOR AN APPOINTMENT TO BE CONFIRMED. PLEASE NOTE THIS IS NOT THE VISA FEE. You will be required to pay the applicable visa fee at the Embassy/Consulate General of Spain at the time of submission of your application. 4.3 General Obligation VFWH will process all appointment requests and requests for help, support, advice an information with reasonable care and skill and in accordance with all procedures prescribed by the Embassy/Consulate General of Spain from time to time. We do not undertake to verify any information as provided by you, and you will be responsible for ensuring the accuracy of the same. 4.4 Applicant's Responsibility It is the responsibility of all applicants to provide us with accurate and complete information. Applicants are also required to ensure that the credit/debit card being used to pay the service fee is rightfully possessed by them. VFWH will not be responsible for checking the authenticity of the credit/debit card and shall have no liability if an applicant fraudulently books an appointment via our website or helpline, using an unauthorized card. 4.5 Processing Times and Procedures Any processing times for visas given are estimates only based on information from the Embassies/Consulates General of Spain. The processing of your application is subject to the procedures and timescales of Embassies/Consulates General of Spain and the Spanish Ministry, over which we have no control. 4.6 Cancellation/Rescheduling Once an appointment is taken, you may choose to reschedule or cancel your appointment. You are permitted to reschedule your appointment only once, free of charge, but your request must be received 48 hours before the date set for your original appointment. Any further rescheduling will not be permitted. If you wish to change your appointment again you will have to cancel the current appointment and make a new one for which an additional service fee will be payable. IN THE EVENT OF CANCELLATION OF AN APPOINTMENT YOU WILL NOT BE ENTITLED TO A REFUND OF THE SERVICE FEE. Once you have submitted your application to us, you will be taken to have agreed that we may immediately commence providing the scheduling service and as a result you will not have any right to cancel under the United Kingdom Consumer Protection (Distance Selling) Regulations 2000.
5.	Refund Policy UNLESS WE ARE NEGLIGENT AND AS A RESULT WE MAKE THE WRONG APPOINTMENT OR YOU MISS AN APPOINTMENT, UNDER NO CIRCUMSTANCES WILL A REFUND OF A SERVICE FEE BE PROVIDED, AND YOUR SERVICE MAY BE RETAINED BY US ON PAYMENT BY YOU, EVEN IF YOU CANCEL, DO NOT ATTEND AN APPOINTMENT, OR DO NOT MAKE OR PROCEED WITH A VISA APPLICATION, AND WHETHER OR NOT A VISA IS ULTIMATELY GRANTED.
6.	Disclaimer - Please read carefully Except for refund of the service fee if we are negligent and make the wrong appointment or you miss an appointment, VFWH excludes its liability in connection with its services, visa appointments, visa applications, and help, support, information and advice given, including liability in or under contract, negligence, tort, statute or otherwise howsoever, and including liability delays involving the Embassies/Consulates General of Span or the Spanish Ministry, and fraudulent use of debit/credit cards. And for the avoidance of doubt: 6.1 No Liability for Incorrect Information VFWH shall have no liability for loss, delays or non-issuance of any application arising from or in connection with (to include but not restricted to) inaccurate or incomplete information from applicants, incomplete application forms, incorrectly or falsely completed application forms, and inaccurate or incomplete supporting documentation. 6.2 No Liability for Events Not In Our Control VFWH shall not be considered to be in breach of contract or negligent or otherwise liable in any way for any delay or failure of any visa appointment or application due to failure in internet connection, power outage, accident, theft, natural calamities (act of god) or any other reason outside the control of, and not arising out of a willful default of, VFWH. 6.3 No Liability for Assessment of Visa Applications VFWH is not involved in the process of assessment of visa applications, or their grant or refusal, and shall not be liable or responsible for any delay by any Embassy/Consulate General of Spain or the Spanish Ministry in honouring any appointment, or assessing, or granting or refusing any visa application, or for the grant or rejection of any visa application. 6.4 No Liability for Wasted Costs and Expenses VFWH shall have no liability to any applicant, or any other person relying on or benefiting from any visa application, for any commitment, cost or expenditure incurred in reliance on or anticipation of receiving a Spain visa, whether within a particular timescale or at all, including but not limited to, call charges, internet charges, air travel, hotel, and other travel and accommodation arrangements, and any other arrangements made or charges paid. VFWH recommends that applicants do not purchase tickets or make bookings which cannot be cancelled prior to the issuance of a visa, except where it is a specific requirement stated as part of the visa application, in which case open tickets should be obtained. 6.5 General Exclusion of Loss and Damage VFWH shall have no liability (including in contract or for negligence) to any applicant, or any other person relying on or benefiting from any visa application, for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever. VFWH shall have no liability (including in contract or for negligence) to any applicant or any other person relying on or benefiting from any visa application, for any loss of profit, revenue, or contract, or loss or damage related to a business, profession, or other occupation.
7.	General 7.1 Third Party Rights Nothing in these Terms and Conditions shall benefit or be enforceable by any person other than the applicant. 7.2 Changes to these terms VFWH, in its sole discretion, may change, amend, cancel or withdraw any or all of these terms and conditions at any time without any prior notice. 7.3 Applicable Law These terms and conditions and any visa applications shall be governed and construed in accordance with the laws of England and Wales. Any claims or disputes arising in relation to the services provided by VFWH to the applicant shall be subject to the exclusive jurisdiction of the courts in England and Wales.
8.	Complaints and Queries Please address any complaints and queries to the Feedback IDs provided on the “Contact Us” section of the website, or to our postal address set out above.

DATA PROTECTION POLICY

VF Worldwide Holdings Limited

Spanish Visa Appointment and Information Service

Version 1 December 2011

1. About this policy
This is the data protection policy of VF Worldwide Holdings Limited (“VFWH”) in relation to its service provided for the Spanish Ministry of Foreign Affairs and Cooperation for the online scheduling of appointments for Spain visa applications, and the provision of associated help, support, advice and information in relation to Spain visas. References to you and your data are to applicants using this service and the data we collect from applicants.

2. Who processes your information?
The entity responsible for processing your data in relation to the service is VFWH, who is an outsourced service provider of the Spanish Ministry of Foreign Affairs and Cooperation. VFWH sub-contracts its website and its call centres and you your data may be collected and processed by them for VFWH and the Spanish Ministry. For the purposes of your data processed by us, you may consider us to be the data controller.

3. What information do we process?
This notice relates to all information which we collect from you in relation to scheduling an appointment for a Spain Visa at an Embassy/Consulate General of Spain and in relation to associated help, support, advice and information we provide. This information includes your name, address, contact details, place of birth, and passport details.

4. What purposes do we process your information for?
We use your information for the purposes of providing our appointment scheduling service an Embassy/Consulate General of Spain and associated help, support, advice and information service in relation to Spain visas. We pass your data on to the Embassies and Consulates General of Spain who will use it to confirm appointments and process your visa application. Your information will be retained separately by the Embassies and Consulates General of Spain and the Spanish Ministry of Foreign Affairs and Cooperation in accordance with their data protection policies.

Where you make any payments to us (such as our service fee) by card, including credit or debit card, or any online or electronic means, then we may disclose your information to our payment processor, but only to the extent required for the purposes of payment processing. They will use it for the purposes of processing your payment. We may use our affiliate company, VF Services (UK) Limited to manage the collection of your payment on our behalf and so disclose your information to them for these purposes.

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 sent to you by e-mail if you have given us an e-mail address.

5. Where do we process your data?
Your data is processed by us in the United Kingdom. It may also be accessed and processed by our outsourced call centres. Any processing of your data outside the European Economic Area will be carried out in accordance with the Data Protection Act 1988 and local data processing laws.

6. Deletion of your data
Your data will generally be purged after it has been is transferred to any Embassy/Consulate General of Spain based on the purging policy decided with the Embassy/Consulate General.

However we may retain your name and contact details for the purposes of continued management of and handling queries in relation to any appointment, until it is no longer required for this purpose.

We may also retain your e-mail address for as long as you continue to its consent for use in sending marketing information to you.

We do not store any credit/debit card details after payment has been collected.

7. Data security and preventing unauthorized access
We will take, and use reasonable endeavors to ensure our contractors and suppliers take, all reasonable steps and implement all reasonable measures to keep your data secure, to prevent unauthorized reading, copying, modification, deletion or access to your data, to prevent accidental loss or damage to your data, to send your data in an encrypted or secure way,

8. Complaints and Queries
Please address any complaints and queries to the Feedback IDs provided on the “Contact Us” section of the website, or to our postal address set out above. You can also write to us at VF Worldwide Holdings Limited c/o. Kross Border Trust Services Limited, St. Louis Business Centre, Cnr. Desroches & St. Louis Streets, Port Louis, Mauritius