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Universal Terms of Service

PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND OBLIGATIONS.

Overview

This Universal Terms of Service Agreement (the “Agreement”) is a legal contract between eTourist Services Pvt Ltd (“we,” “our,” or “us”) and you (“you,” “your,” or “user”). This Agreement is effective as of the date you access or use this website (the “Site”) or the date you electronically accept it, whichever occurs first.

This Agreement sets forth the general terms and conditions governing your use of the Site, as well as any products, consultancy, or services made available through it (individually and collectively, the “Services”). It applies to all users of the Site, whether you are simply browsing or have purchased Services.

By accessing or using the Site, or by electronically accepting this Agreement, you:
  • Acknowledge that you have read and understood this Agreement.
  • Agree to be legally bound by its terms and conditions.
  • Agree to comply with all additional policies, guidelines, and specific product/service agreements referenced herein, which are incorporated by reference and form part of this Agreement.

If you do not agree to be bound by this Agreement, you should not access or use the Site or the Services.
The terms “we,” “us,” or “our” shall refer to eTourist Services Pvt Ltd. The terms “you,” “your,” “User,” or “Customer” shall refer to any individual or entity who accepts this Agreement, has access to an account, or uses the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

eTourist Services Pvt Ltd may, in its sole and absolute discretion, update, change, or modify this Agreement, as well as any policies or agreements incorporated herein, at any time. Such changes or modifications will become effective immediately upon being posted on this Site.

Your continued use of the Site or Services after such updates constitutes your acceptance of the Agreement as last revised. If you do not agree to be bound by the revised Agreement, you must discontinue use of the Site and Services immediately.

From time to time, eTourist Services Pvt Ltd may also notify you of updates to this Agreement via email. It is your responsibility to ensure that your account (“Account”) information, including your email address, is accurate and up to date. eTourist Services Pvt Ltd shall not be held liable for any failure to receive notifications due to outdated or incorrect contact information.

Eligibility; Authority

This Site and the Services are available only to Users who are legally capable of entering into binding contracts under applicable law. By accessing or using this Site or the Services, you represent and warrant that you:

  • Are at least eighteen (18) years of age;
  • Are otherwise recognized as being legally capable of entering into binding contracts under applicable law; and
  • Are not a person prohibited from purchasing or receiving the Services under the laws of the United States or any other applicable jurisdiction.


If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind that corporate entity to the terms and conditions of this Agreement. In such a case, the terms “you,” “your,” “User,” or “Customer” shall refer to the corporate entity.

If, after your electronic acceptance of this Agreement, eTourist Services Pvt Ltd determines that you lack the legal authority to bind the corporate entity, you will be personally responsible for all obligations contained in this Agreement, including (but not limited to) payment obligations.

eTourist Services Pvt Ltd shall not be held liable for any loss or damage resulting from reliance on instructions, notices, documents, or communications reasonably believed to be genuine and to have originated from an authorized representative of your corporate entity. If there is any reasonable doubt as to the authenticity of such communications, eTourist Services Pvt Ltd reserves the right (but does not undertake any obligation) to request additional verification.

By using the Services, you further agree to be bound by the terms of this Agreement for all transactions carried out by you, anyone acting as your agent, or anyone using your account or the Services, whether authorized by you or not.

Accounts; Transfer of Data Abroad

Accounts. To access certain features of this Site or to use certain Services, you may be required to create an Account. By creating an Account, you represent and warrant that all information you provide is accurate, current, and complete, and that you will maintain the accuracy and completeness of this information at all times.

If eTourist Services Pvt Ltd has reason to believe that your Account information is false, inaccurate, outdated, or incomplete, we reserve the right, in our sole discretion, to suspend or terminate your Account.

You are solely responsible for all activity carried out under your Account, whether authorized by you or not. You must keep your Account credentials secure, including (but not limited to) your customer number/login, password, and payment method(s). For security reasons, eTourist Services Pvt Ltd recommends changing your password at least once every six (6) months for each Account.

You must notify eTourist Services Pvt Ltd immediately in the event of any security breach or unauthorized use of your Account. eTourist Services Pvt Ltd will not be held liable for any losses you may suffer due to unauthorized use of your Account. However, you may be held liable for any loss or damage incurred by eTourist Services Pvt Ltd or others as a result of such unauthorized use, whether caused by you, an authorized party, or an unauthorized party.

Transfer of Data Abroad. If you are accessing this Site from a country other than the one in which our servers are located, your communications and data (including Account information) may be transferred across international borders. By using this Site and communicating with us electronically, you expressly consent to such transfers of information.

Availability of Website/Services

Subject to the terms and conditions of this Agreement and our other applicable policies, Kenya Immigration shall use commercially reasonable efforts to make this Site and the Services available twenty-four (24) hours a day, seven (7) days a week.

You acknowledge and agree, however, that from time to time the Site or Services may be inaccessible or inoperable for reasons beyond our reasonable control, including but not limited to:
  • equipment malfunctions,
  • routine or emergency maintenance, repairs, or upgrades,
  • interruptions or failures of telecommunications or digital transmission links,
  • hostile network attacks, network congestion, or other technical failures, or
  • events of force majeure or other unforeseeable circumstances.
Accordingly, you agree that eTourist Services Pvt Ltd does not guarantee continuous or uninterrupted access to the Site or Services and assumes no liability to you or any third party arising from such periods of unavailability.

You further acknowledge and agree that you possess the necessary rights and permissions to provide all information required for the performance of the Services. You also understand and agree that certain Services may be rendered, in whole or in part, by independent contractors or third-party service providers engaged by eTourist Services Pvt Ltd.

Additional Reservation of Rights

eTourist Services Pvt Ltd expressly reserves the right, in its sole and absolute discretion, to deny, cancel, suspend, terminate, lock, or otherwise modify access to or control of any Account or Services, for any reason, including but not limited to:

  • Correcting errors or mistakes made in the provision of any Services.
  • Protecting the integrity, security, and stability of our systems or those of our partners.
  • Supporting fraud detection, prevention, and abuse monitoring efforts.
  • Complying with applicable local, state, national, or international laws, rules, or regulations.
  • Responding to lawful requests or requirements of law enforcement authorities, including subpoenas.
  • Complying with court orders, arbitration rulings, or other dispute resolution processes.
  • Defending against any legal action or threatened legal action, regardless of whether such claims are determined to have merit.
  • Avoiding or mitigating civil or criminal liability for Kenya Immigration, its officers, directors, employees, agents, or affiliates.
Furthermore, eTourist Services Pvt Ltd expressly reserves the right to immediately terminate any and all Services, without prior notice, if, in our sole discretion, you engage in harassment, threats, or abusive conduct directed toward eTourist Services Pvt Ltd, its employees, or its representatives.

Links to Third-Party Websites

This Site and the Services provided through it may include links to third-party websites that are not owned, operated, or controlled by eTourist Services Pvt Ltd. We assume no responsibility or liability for the content, terms and conditions, privacy policies, or practices of any such third-party websites.

We do not monitor, censor, or edit the content of third-party websites, and by using this Site or the Services, you expressly agree to release eTourist Services Pvt Ltd from any and all liability arising from your access to or use of such third-party websites.

We strongly encourage you to exercise caution when leaving this Site and to carefully review the terms, conditions, privacy policies, and other governing documents of every third-party website you choose to visit.

Limitation of Liability

IN NO EVENT SHALL eTourist Services Pvt Ltd, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY SERVICE PROVIDERS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DAMAGES ARISING FROM:

  • The accuracy, completeness, or content of this Site.
  • The accuracy, completeness, or content of any third-party websites linked to this Site (via hyperlinks, banner ads, or otherwise).
  • The Services provided through this Site or any linked third-party sites.
  • Personal injury or property damage of any nature whatsoever.
  • Any conduct or content of third parties.
  • Unauthorized access to or use of our servers and/or any personal, financial, or other information stored therein.
  • Interruptions, delays, or cessation of Services to or from this Site or any linked sites.
  • The transmission of viruses, worms, trojan horses, bugs, or similar harmful code.
  • Content that is defamatory, harassing, abusive, harmful to minors or any protected class, pornographic, obscene, or otherwise objectionable.
  • Any loss or damage incurred as a result of your use of this Site or the Services, regardless of the legal theory (warranty, contract, tort, or otherwise) and whether or not eTourist Services Pvt Ltd was advised of the possibility of such damages.

You specifically acknowledge and agree that:
  • Any cause of action arising from or related to this Site or the Services must be initiated within one (1) year of the cause of action arising; otherwise, such cause of action is permanently barred.
  • In no event shall eTourist Services Pvt Ltd total aggregate liability exceed the total amount you paid for the particular Services giving rise to the claim.
  • These limitations of liability shall apply to the fullest extent permitted by law and shall survive any termination or expiration of this Agreement or your use of this Site or Services.
Additional Disclaimer:
While eTourist Services Pvt Ltd strives to assist you with your travel needs, we are not responsible for any consequences beyond our control. This includes, but is not limited to:

  • Actions or inactions of governments or governmental agencies.
  • Delays or failures caused by new laws, regulations, or policies introduced by governments.
  • Processing timelines for visa applications, which are estimates only and not guarantees.

All users acknowledge that delays, rejections, or failures in visa processing are the sole responsibility of governments or other third parties, and not eTourist Services Pvt Ltd. Content provided on our Site is for informational purposes only, and reliance on such information is at your own risk.

Your eTA application fee is non-refundable

Once you submit your eTA application, the fee is non-refundable, and you cannot transfer it to another person. This is also true if your eTA is denied or if for any reason, including a force majeure, there are deviations to your planned journey.

Disclaimer:

We have taken all reasonable care to ensure that the information provided to you is adequate. We disclaim and exclude all liability for any claim, loss, demand, or damage of any kind arising out of or in connection with this website. All risks associated with the use of this website are assumed by the user.

Accuracy of content:-

To our best knowledge and intentions, the information on this website is continuously updated and true.

Minors

Parents, legal guardians, or accompanying adults are responsible for information submitted when applying for the Republic of Kenya eTA.

PAY BY PAYPAL

By using kenyaevisa.org 's pay by PayPal payment option ("PayPal"), you can purchase Services using PayPal. In connection therewith, you agree to allow PayPal to debit the full amount of your purchase from your PayPal account ("PayPal Account") or from credit card(s), bank account(s), or other allowed payment method(s) linked to your PayPal Account ("PayPal Funding Source").

It is your responsibility to keep your PayPal Account and PayPal Funding Source current and funded, and your PayPal Account backed by a valid credit card. You acknowledge and agree that (i) PayPal reserves the right to decline a transaction for any reason (including, but not limited to, payments that fail to go through as a result of your PayPal Account or PayPal Funding Source no longer existing or not holding available/sufficient funds) and (ii) in such event, neither PayPal nor kenyaevisa.org shall be liable to you or any third party regarding the same. If for any reason PayPal is unable to withdraw the full amount owed for your purchase, you agree that PayPal and kenyaevisa.org may pursue all available lawful remedies in order to obtain payment. You agree that if the transaction is returned unpaid, you will pay a service charge of maximum amount allowed by law, which may be debited from your PayPal Account or PayPal Funding Source.

By clicking the box labeled "I agree" or "Process to Payment" to the terms of the PayPal payment option, you authorize a debit of the full amount of your purchase from your PayPal Account or PayPal Funding Source.

Updating, Changing or Modify Information

Please let us know if the personal information which we hold about you needs to be corrected or updated. Once the approval letter is issued by Kenya Immigration Department, we are unable to update or change any information; hence a new application for eTA will be required.

System information

kenyaevisa.org reserves the right to collect and store such information as the IP address, browser type or operating system type. All the information is highly confidential and will be used exclusively for system administration purposes. This information helps diagnose problems, monitor traffic and site usage.

Policy Amendments

We reserve the rights to update or amend this privacy policy anytime by posting a new version on our website. You should check this page occasionally to ensure you are aware of these changes.

Third party websites

The website contains links to other websites. We are not responsible for the privacy policies or practices of third party websites.

Payment through third party (Financial Transactions)

In the website we have integrated online payment tool, but here we accept the shaft of the Bank as Paypal pocket electronic payment. For ease of payment, we accept credit cards, PayPal and direct bank transfer online. All credit card information, PayPal account is required to pay visa fees and will be transferred to our partners such as Paypal.com, and all your information protected. We recommend that you read the terms and conditions of the policy very carefully.

AUTHORIZATION YOUR CREDIT CARD:

To make sure card holder agreed to pay our services fee, may be our Risk Management team will request for fill-up Authorization form, need card holder signature on form and/or scan/take picture of real Credit Card with hidden 8 number of Credit Card. If you not comply with this requirement, services may be cancelled and any lost we will not responsibility or liabilities any loss or damage.

We can request an electronic authorization from the card holder's issuing bank (the "Authorized fund") in case you order extra services from us. Customer are fully responsible to make sure fund in their credit/ debit card enough for payment

CURRENCY CONVERSION

We use USD (US Dollar) as list price for all our services. This term only apply for Credit Card payment option only, not for other options like Paypal account or Wire Transfer/Tele-Transfer.

INDEMNITY

You agree to protect, defend, indemnify and hold harmless kenyaevisa.org and its officers, directors, employees, agents, and third party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys' fees) imposed upon or incurred by kenyaevisa.org directly or indirectly arising from (i) your use of and access to this Site or the Services found at this Site; (ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

SUCCESSORS AND ASSIGNS

This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.

Exclusive Jurisdiction Clause

Each of the parties to this Agreement irrevocably agrees that the courts of New Delhi, India shall have exclusive jurisdiction to hear and decide any suit, action or proceedings, and/or to settle any disputes, which may arise out of or in connection with the Agreement or its formation or validity and, for these purposes, each party irrevocably submits to the jurisdiction of the courts of New Delhi, India.