1. Acceptance of these Terms
These Terms & Conditions (“Terms”) govern your access to and use of the website located at https://www.xiphiasimmigration.com and any related pages, tools, and services (collectively, the “Site”), provided by XIPHIAS Immigration Private Limited (“we”, “us”, “our”). By accessing or using the Site, booking a consultation, or engaging our services, you agree to be bound by these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have authority to bind such entity.
2. Definitions
- “Services” means our immigration and related consulting, document preparation, application support, appointments scheduling and other advisory offerings as described on the Site or in an engagement/retainer letter.
- “Engagement Letter” means the written scope, deliverables, fees, and terms agreed with you for specific Services. If there is a conflict, the Engagement Letter prevails for that scope.
3. Eligibility & Accounts
You must have the legal capacity to contract under the laws that apply to you. To use certain features (e.g., client portal), you may need to create an account and keep credentials confidential. You are responsible for all activity under your account.
4. Scope of Services
We provide professional consulting related to immigration pathways, investment or study options, and application preparation. We do not issue visas, permits, or approvals; all decisions are made by the relevant government authorities. Service timelines depend on your timely cooperation and third-party/government processing.
5. No Guarantee; Not Legal Advice
- No outcome guarantee. We do not guarantee any approval, result, or timeline. Decisions rest solely with government authorities.
- Not a law firm. Unless expressly stated in writing, we are not a law firm and do not provide legal representation. Our content and consultants’ guidance are general information and strategy; they are not legal advice.
6. Client Responsibilities
- Provide complete, accurate, and up-to-date information and documents.
- Disclose material facts and promptly notify changes in circumstances.
- Review drafts carefully; you are responsible for the accuracy of applications and statements submitted on your behalf.
- Comply with all applicable laws, including anti-bribery and sanctions rules; we will not facilitate improper payments or misrepresentations.
7. Fees, Payments & Taxes
| Item | Description | When Due |
|---|---|---|
| Professional Fees | Our consulting charges for the scope in your Engagement Letter; does not include government, translation, courier, or third-party vendor charges. | As per invoice/Engagement Letter |
| Government/Vendor Fees | Fees charged by authorities (e.g., visa application centers, ECA bodies) or vendors; amounts and policies are set by those third parties. | Before filing/booking, as applicable |
| Taxes | All fees are exclusive of taxes (e.g., GST) unless expressly stated; you are responsible for applicable taxes. | As applicable |
Invoices are payable in the currency stated. Late payments may incur reasonable administrative charges and/or suspension of work until cured.
8. Cancellations & Refunds
Our professional fees compensate time, expertise, and allocated resources, and are generally non-refundable once work has commenced. Where permitted in your Engagement Letter or under our Refund Policy, we may provide a partial refund for unperformed portions of services that are within our control. Government and third-party fees follow their own policies.
9. Government & Third-Party Services
We may help you interact with third parties (e.g., medical exams, translations, ECAs, courier, payment gateways). You authorize us to share necessary information to enable such services. Third-party terms and privacy policies apply; we are not responsible for their acts, omissions, or service levels.
10. Intellectual Property
The Site, its content, design, logos, and software are owned by or licensed to us and protected by IP laws. You receive a limited, revocable, non-transferable license to access and use the Site for personal or internal business purposes. You may not copy, modify, reverse engineer, or commercially exploit Site content except as permitted by law or with our prior written consent.
11. Acceptable Use
- No unlawful, fraudulent, misleading, or harmful activity.
- No scraping, automated data collection, or load testing without consent.
- No uploading malware or interfering with security or access controls.
- No impersonation or misrepresentation of identity or eligibility.
12. User Content & Reviews
If you post or submit reviews, testimonials, or materials, you grant us a non-exclusive, worldwide, royalty-free license to use, host, reproduce, and display such content in connection with the Site and our Services, subject to applicable law. Please do not submit content you do not own or that violates others’ rights.
13. Privacy
Our Privacy Policy explains how we collect and process personal data, including compliance with applicable laws such as India’s Digital Personal Data Protection Act, 2023, where relevant. You agree to that policy and to our Cookies Policy.
14. Disclaimers
- The Site is provided on an “as is” and “as available” basis. We disclaim all warranties to the maximum extent permitted by law, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
- Information on the Site may be general and subject to change without notice; immigration rules and fees are set by governments and may change frequently.
15. Limitation of Liability
To the fullest extent permitted by law, we will not be liable for indirect, incidental, consequential, special, punitive, or exemplary damages, or for loss of profits, data, goodwill, or opportunity, even if advised of the possibility. Our aggregate liability arising out of or relating to the Site or Services shall not exceed the amount you paid to us for the specific Service giving rise to the claim in the 6 months preceding the event.
16. Indemnity
You agree to defend, indemnify, and hold harmless XIPHIAS Immigration Private Limited, its directors, officers, employees, and agents from and against claims, damages, losses, and expenses (including reasonable legal fees) arising from your breach of these Terms, your misuse of the Site/Services, or your violation of law or third-party rights.
17. Force Majeure
We are not responsible for delays or failures caused by events beyond our reasonable control, including governmental actions, changes to immigration rules, strikes, epidemics, system failures, or network outages.
18. Termination
We may suspend or terminate access to the Site or Services (in whole or part) if you breach these Terms, fail to pay, or where required by law. You may stop using the Site at any time. Sections intended to survive (e.g., IP, Disclaimers, Liability, Indemnity, Law & Disputes) survive termination.
19. Governing Law & Disputes
These Terms are governed by the laws of India, without regard to conflict of laws principles. Subject to any mandatory arbitration clause in your Engagement Letter, the courts located in Bengaluru, Karnataka, India shall have exclusive jurisdiction.
20. Changes to these Terms
We may update these Terms from time to time. If changes are material, we will post a prominent notice on this page. The date at the top indicates the last update. Continued use after changes means you accept the updated Terms.
21. Contact
Questions about these Terms? Email [email protected] or write to our registered office:
XIPHIAS Immigration Private Limited
Aurbis Prime, 11, Kaveri Regent Coronet, 80 Feet Road, 3rd Block, Koramangala, Bangalore - 560034
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