Terms and Conditions
This agreement (“Agreement”) applies as between the User of this Website and Consular.com (a trading style of MKSN Limited), the owner of this Website. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.
No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending an email to you indicating that your order has been “Accepted” (see “Order Acceptance” below).
Definitions and Interpretation
- In this Agreement the following terms shall have the following meanings:
- “Account” means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;
- “Carrier” means any third party responsible for transporting purchased Documents from our Legalisation Processing Office to a forwarding address;
- “Consular.com”, “We”, “we”, ““Us” or “us”, “Our” or “our”, mean Consular.com as a trading style of MKSN Limited, Floor Unit 501 Centennial Park, Centennial Avenue, Elstree, Borehamwood, Hertfordshire, WD6 3FG and a UK-registered private limited company, registered under the laws of England and Wales under No. 08085994
- “Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
- “Dashboard” means the area of the Website, accessible to registered Users by means of a unique username and password, that is called as such;
- “Delivery” or “Delivered” means the method by which our Service is received by You and will depend on the Order Type. In some cases, this will mean physical delivery, such as for the Legalisation Order Type; or in other cases electronic delivery to your Dashboard and / or email, such as for a (non-certified) Translation or Register Search;
- “Disbursement” or “Disbursements” means the 3rd party cost (such as Apostille or Consular charges) levied when carrying out our service(s);
- “Document” or “Documents” means the collective of 1 or more documents that you send to us to process for a unique Order where the Order Type is Legalisation;
- “Legalisation Processing Office” means 7 Breakspear House, Harefield, Uxbridge, UB9 6NA;
- “MKSN Translations” means MKSN Translations as a trading style of MKSN Limited, a trading style of MKSN Limited, Floor Unit 501 Centennial Park, Centennial Avenue, Elstree, Borehamwood, Hertfordshire, WD6 3FG and a UK-registered private limited company, registered under the laws of England and Wales under No. 08085994 and a UK-registered private limited company, registered under the laws of England and Wales under No. 08085994;
- “Order” means the service or services Order by the User from the Consular.com Website, defined by a unique Order Number;
- “Order Acceptance” means the status “Accepted” that Consular.com gives to your Order once satisfied that we will be able to fulfill your Order. You will receive notification by email once your Order bears this status. This also means that your Order is ‘accepted’ as per the ‘Offer’ and ‘Acceptance’ terms used under English law;
- “Order Form” means a form on the Consular.com Website that allows the User to place an Order for Services of a particular Order Type;
- “Order Type” means the Service(s) that may from time to time be ordered from an Order Form that are available on Consular.com: Legalisation, Registry Search or Translation;
- “Payment Information” means any details required for the purchase of Goods from this Website. This includes, but is not limited to, debit card numbers, bank account numbers and sort codes;
- “Purchase Information” means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form;
- “Quote” means a request for the price of a Service. Where we supply a Quote to you, this shall be considered as an ‘Invitation to Treat’ under English law;
- “Registry Search” an Order Type where the Service provided relates to Our obtaining provision of commercial register information, outside England & Wales, relating to a specific legal entity that You wish to have some or more information about;
- “Service” or “Services” means collectively any online facilities or services that Consular.com makes available through the Website either now or in the future;
- “Service Fee” or “Fee” means the fee that Consular.com charges to carry out the service(s);
- “Source Material” means the files that You provide, attached to an Order Form, for a Quote for a Translation service, representing the source text that requires translation or proofreading;
- “System” means any online communications infrastructure that Consular.com makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
- “Translation Service” means translation services provided by MKSN Translations, ITI Corporate Member No. 00013772, and offered online through Consular.com.
- “User”, “You” or “you” means you as a third party that accesses the Website, and is not employed by Consular.com, including anyone acting in the course of their employment;
- “Website” means the website that you are currently using (www.consular.com) and any sub- domains of this site unless expressly excluded by their own terms and conditions.
- Persons under the age of 18 should use this Website only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.
- The Services supplied via Consular.com are exclusively limited to Users acting in the course of a trade.
Document Forwarding Outside England & Wales
- In the case where the Service supplied entails the legalisation of Documents, and require forwarding to outside
England and Wales, import duties and taxes may be incurred.
Consular.com is not responsible for these charges and we undertake to make no calculations or estimates in this regard. In this case you are advised to contact your local customs authorities for further details on costs and procedures. As the purchaser of legalisation Services for Documents, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Documents may be inspected on arrival at port for customs purposes and Consular.com cannot guarantee that the packaging of your Documents will be free of signs of tampering.
- In the case where the Service supplied entails the legalisation of Documents, and require forwarding to outside England and Wales, import duties and taxes may be incurred.
- Subject to the exceptions in Clause 6 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Consular.com, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
- Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use material
from the Website unless otherwise indicated on the Website or unless given express written permission
to do so by Consular.com.
Third Party Intellectual Property
- Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
- Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.
Translation and Registry Search Services
Where We undertake translation services for You the terms in this clause apply in addition to all other relevant provisions of these Terms and Conditions.
- A Quote for Translation Service shall remain valid for a period of 7 days from the date on which it was given, after which time it may be subject to revision.
- CLIENT SPECIFICATIONS: Unless You provide an Approved Glossary and instruct Us to use it for the Order at hand, We will translate any specialised terms appearing in the Source Material on the basis of their usual and conventional semantic interpretation, and otherwise carry out the translation based on Our standard translation processes and procedures.
- ERROR-HANDLING AND CORRECTIONS: We are not liable for any consequential loss or damage caused by any inaccuracy or difference of interpretation unless the error is such that no reasonably competent translator could have made it. You accept as a condition that We bear no responsibility or obligation in relation to any proven or perceived errors identified by You in the material We deliver to You (“Deliverable Material”) unless at the point of submission We receive from You a written summary identifying such errors.
- Where You so submit a summary of errors We undertake to correct the Deliverable Material at no additional cost to You.
- We are not liable for errors in identification of currencies, or conversions between currencies, or between one system of measurement to another, or for transliteration of names and other proper nouns from one script to another, or for translation of abbreviations; neither shall We be liable for errors resulting from illegibility of any Source Material supplied by You.
- COMPLETION AND DELIVERY: Time is not of the essence. You shall inform Us of any delivery requirements when submitting texts for translation. A Deliverable is considered Delivered when We either upload the Deliverable to the Dashboard or email it to you, or otherwise, forward in hardcopy format to You (the latter would be the case for example where We send you an ITI certified translation). Whilst We will take every care in the selection of carriers, We are not liable for loss or delay of any document We have dispatched or for consequential or economic loss or damage, flowing from loss or delay by any such carrier.
- In the event of a delay in delivery We will inform You of the reasons. In such case We are entitled to a sufficient extended period for completion of the work. In the event of Our not meeting the extended time limit You will, if and only if the delay is under Our reasonable control, be entitled to a reasonable reduction of Our fees but that is Your sole remedy in such an event. In particular and for the avoidance of doubt You will not be entitled to claim a discount of fees if the delay is due to force majeure or other circumstances over which We have no control as provided in clause 18.
- In the event where You notify Us of a cancellation of a translation in progress, You remain liable for payment for the work already performed by Us prior to the time of Your notice of cancellation and any fees We have already incurred to Our subcontractors.
- MODIFICATIONS / ADDITIONS TO SOURCE MATERIALS FOLLOWING THEIR SUBMISSION TO US: In the event of Your wishing to incorporate modifications or insert additions to already submitted Source Materials, and the Order has already borne the status “Order Accepted” (“Original Order”), You will need to request a new Quote for the Translation Service. We reserved the right to request that the Original Order be paid for in addition to the subsequent Order if We deem that the new Order is significantly different from the Original Order. However, where We deem that we are able to do so without undue cost having been incurred by Us already in relation to the Original Order, simply cancel the Original Order or amend it accordingly with the modifications.
- WARRANTIES: We shall carry out the translation in a manner consistent with its standard service procedures and reserve the right to sub-contract all or part of the documents to a qualified contractor of Our choice.
- That You own or are licensees of the Source Materials and all components thereof.
- That to translate the Source Materials does not (nor will it) infringe any copyright held by any third party.
- That no subsequent use by You, or under Your control, of the Deliverable will infringe any copyright held by any third party.
LIABILITY: We limit Our liability as stated in clause 18.
- When You request a Quote for a Registry Search Service, we will provide you a Quote with information about the form, general content and turnaround time of the company search. Once You are happy with the fee quoted and the Service expected (that is the form, general content and turnaround time of the company search that We say you can expect) you may place the Order. Your Registry Search document (form and content as provided above) will then be Delivered to you.
- LIABILITY: We endeavour to use Our knowledge and skill to extract the appropriate information from commercial registers, or agents in that particular jurisdiction, however, We limit our liability as per clause 18. This is not a service within the meaning of a notarial service as regulated by the Faculty Office of the Archbishop of Canterbury. We recommend that you only provide reliance on the Delivered service so far as per your professional opinion that you believe is due.
Fair Use of Intellectual Property
- Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
Links to Other Websites
- This Website may contain links to other sites. Unless otherwise expressly stated, these sites are not under the control of Consular.com or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
Links to this Website
- Those wishing to place a link to this Website on other sites may do so only to the home page of the site www.consular.com without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Consular.com. To find out more please contact us by email at firstname.lastname@example.org.
Use of Communications Facilities
When using the enquiry form or any other System on the Website you should do so in accordance with the following rules:
- You must not use obscene or vulgar language;
- You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
- You must not submit Content that is intended to promote or incite violence;
- It is advised that submissions are made using the English language as we may be unable to respond to enquiries submitted in any other languages;
- The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
- You must not impersonate other people, particularly employees and representatives of Consular.com or our affiliates;
- You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.
- You acknowledge that Consular.com reserves the right to monitor any and all communications made to us or using our System.
- You acknowledge that Consular.com may retain copies of any and all communications made to us or using our System.
- You acknowledge that any information you send to us through our System or post on the enquiry form may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.
In order to purchase place an Order on this Website and to use the enquiry form facilities you are required to create an
Account by registration which will contain certain personal details and Payment Information which may
vary based upon your use of the Website as we may not require payment information until you wish to make
a purchase. By continuing to use this Website you represent and warrant that:
- all information you submit is accurate and truthful;
- you have permission to submit Payment Information where permission may be required;
- you will keep this information accurate and up-to-date. Your creation of an Account is further affirmation of your representation and warranty.
- It is recommended that you do not share your Account details, particularly your username and password. Consular.com accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
- If you have reason to believe that your Account details have been obtained by another without consent, you should contact Consular.com immediately to suspend your Account and cancel any unauthorised Orders that may be pending. Please be aware that purchases can only be cancelled until Order Acceptance status by Consular.com. In the event that an unauthorised Order results in Documents being dispatched prior to your notifying us of the unauthorised nature of the purchase, Consular.com accepts no liability or responsibility and you should make contact with the Carrier detailed in the Purchase Information.
- When choosing your username you are required to adhere to the terms set out above in Clause 10. Any failure to do so could result in the suspension and/or deletion of your Account.
- In order to purchase place an Order on this Website and to use the enquiry form facilities you are required to create an Account by registration which will contain certain personal details and Payment Information which may vary based upon your use of the Website as we may not require payment information until you wish to make a purchase. By continuing to use this Website you represent and warrant that:
Termination, Cancellation and Refunds
- Either Consular.com or you, the User, may terminate your Account. If Consular.com terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
- If Consular.com terminates your Account, any current or pending Orders on your Account will not be cancelled.
- Consular.com reserves the right to cancel Orders without stating reasons, for any reason prior to achieving “Accepted” status.
- You have the right to cancel your order for the Services within a statutory 7 working day cooling-off period. This period begins when you receive email confirmation of (entitled “Order Details”) our Order from Consular.com. If the provision of the Services commences within the cooling-off period, that is, if Order Acceptance has occurred, your right to cancel under this provision shall end.
- If Orders or payments are cancelled for any reason prior to Order Acceptance, you will be refunded any monies paid in relation to that Order.
- If you terminate your Account any Orders prior to Order Acceptance will be cancelled and you will be refunded any monies paid in relation to those Orders.
Orders, Pricing and Availability
- Whilst every effort has been made to ensure that all graphical representations and descriptions of Services available from Consular.com correspond to the actual Services, Consular.com is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Services, not different Services altogether. You will be required to select the appropriate Services that you are purchasing via our Order Form. Consular.com does not represent or warrant that such Services will be available. If you place an Order for a Service where the Order Type is “Legalisation”, we will endeavour to ensure your documents are processed. If, however, for any reason whatsoever, we are unable to complete this Order due to, inter alia, the fee charged by the Consulate will be much higher than you have agreed to pay on your Order Form, we reserve the right to abstain from completing the service until full payment is received or, alternatively, you will be provided the option of cancelling the service. In any such case where we are unable to complete Order, we reserve the right to retain our Service Fees in full and return only the cost of any unutilised Disbursements in carrying out the service(s).
- All pricing information on the Website is correct at the time of going online. Consular.com reserves the right to change prices and alter or remove any special offers from time to time and as necessary. All pricing information is reviewed and updated frequently by our team.
- In the event that prices are changed during the period between an Order being placed for Services and Consular.com and Order Acceptance, you will be contacted prior to your order being processed with details of the new price; We reserve the right to abstain from commencing any service(s) in respect of an Order and, as such, Order Acceptance will not occur, until full payment is received and cleared into our bank account, regardless of whether you pay online, by bank transfer or by cheque.
- All prices on the Website for Services are normally subject to VAT. Our VAT number is 229281500.
- We may allow payment by bank transfer or by cheque, if you request this via email@example.com. In such a case you will be informed of this via our legalisation team, by email. For the avoidance of doubt, clause 13.3 still applies.
Provision of Services
- Provision of Services shall commence when Order Acceptance has occurred by Consular.com, or as otherwise detailed in these Terms & Conditions.
- Consular.com shall use its best endeavours to provide the Services with reasonable skill and care.
- The Consular.com team will endeavour to carry out an Order in as timely a fashion as we can, however, this notwithstanding the fact that time is NOT of the essence. Consular.com cannot guarantee timings for any Service(s) we carry out by way of an Order that you have placed. The principal reason is that Consular.com, by virtue of the type of Services that we provide, frequently rely on 3rd parties in the context of Service provision (Consulates, the Foreign & Commonwealth Office, the UK postal service, the DX, translators, representations made by company registries outside England & Wales and courier firms).
- In the event that Services are provided that are not in conformity with your order and thus incorrect, you should contact us within 10 days to inform us of the mistake. Consular.com will ensure that any necessary corrections to the Services provided are made taking into account the time taken by any 3rd parties involved. This clause is subject to clause 14.3.
- Consular.com reserves the right to exercise discretion with respect to any alterations to Services under
the provisions of this Clause 13. Factors which may be taken into account in the exercise of this discretion
include, but are not limited to:
- Any use or enjoyment that you may have already derived from the Services; and
- Any characteristics of the Services which may mean that cessation of provision is impossible without significant further work on the part and at the expense of Consular.com. Such discretion to be exercised only within the confines of the law.
- Consular.com makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
- Though Consular.com strives to ensure all information upon which you base your Order is correct, no part of this Website should not be relied upon as being guaranteed when making any decisions or taking any action of any kind. For example, Consulates can change their requirements and timings can vary as a result of many factors, such as weather or closures.
- No part of this Website is intended to constitute a contractual offer capable of acceptance.
- Whilst Consular.com uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.
Changes to the Service and these Terms and Conditions
- Consular.com reserves the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If Consular.com is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
Availability of the Website
- The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
- Consular.com accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
Limitation of Liability
- To the maximum extent permitted by law, Consular.com accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.
- Nothing in these Terms and Conditions excludes or restricts Consular.com’s liability for death or personal injury resulting from any negligence or fraud on the part of Consular.com.
- Liability for any direct or indirect loss or damage arising out of the incorrect provision of Services is limited to the cost of the services that you have paid for, excluding and third party fees (such as Consulate or Apostille fees).
- Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
- In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
Previous Terms and Conditions
- In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
Third Party Rights
- Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Consular.com.
- All notices / communications shall be given to us either by post to our Legalisation Processing Office (see address above) or by email to firstname.lastname@example.org. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
- Consular.com may from time to time send you information about our products and/or services. If you do not wish to receive such information, please click on the “Unsubscribe” link which you will receive from us. Please note that information about Orders or other information related to Order Processing are supplied without unsubscribe links as these constitutes a part of the Services.
Law and Jurisdiction
- These Terms and Conditions and the relationship between you and Consular.com shall be governed by and construed in accordance with the Law of England and Wales and Consular.com and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
Consular.com is a trading style of MKSN Limited | Registered Address: Floor Unit 501 Centennial Park, Centennial Avenue, Elstree, Borehamwood, Hertfordshire, WD6 3FG | Registered No. 08085994 | VAT No. 229281500 | tel: 0845 888 0011 | fax: 08701 316 276