NOMADIC USA, LLC
TERMS OF SALE
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
BY PLACING AN ORDER FOR SERVICES FROM THIS WEBSITE, YOU CONFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS OF SALE.
YOU MAY NOT ORDER OR OBTAIN SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS OF SALE, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH NOMADIC USA, LLC, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS OR SERVICES BY APPLICABLE LAW.
These terms of sale (these "Terms of Sale") apply to the purchase and sale of services through gonomadic.com (the "Website"). These Terms are subject to change by Nomadic USA, LLC (referred to as "Nomadic", "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms of Sale will be in effect as of the "Last Updated Date" referenced on the Website. You should review these Terms of Sale prior to purchasing any services that are available through this Website. Your continued use of this Website after the "Last Updated Date" will constitute your acceptance of and agreement to such changes.
1. ORDER ACCEPTANCE AND CANCELLATION
You agree that your order is an offer to buy, under these Terms of Sale, all services listed in your order. All orders must be accepted by us or we will not be obligated to sell the services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
2. PRICES, PAYMENT TERMS, AND CANCELLATION/REFUND POLICY
All prices, discounts, and promotions posted on this Website are subject to change without notice. The price charged for a service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes, shipping charges, or fees of the Relevant Agencies (defined in Section 3.1 below). All such taxes, charges, and fees will be added to your total, and will be itemized in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
2.2 Payment Terms
Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept major credit cards for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes and fees of Relevant Agencies, if any, regardless of the amount quoted on the Website at the time of your order.
2.3 Cancellation and Refund Policy
A cancellation request may be received until submission of an application. Once an application has been submitted (including electronic applications), no refunds will be issued. If a cancellation request is timely received, the fee will be refunded less any expenses already incurred, including, without limitation, shipping charges, fees of Relevant Agencies, and fees for preparation of application materials. For avoidance of doubt, refunds will not be issued for services rendered or expenses incurred prior to cancellation, including, without limitation, shipping charges, fees of Relevant Agencies, and fees for preparation of application materials.
3. ACCURACY OF REQUIREMENTS AND OTHER INFORMATION PROVIDED BY NOMADIC
3.1 Application Requirements
Application requirements, including applicable government fees, provided on the Website and by our staff, are based on information received from federal, state, and local governments, embassies, consulates, passport agencies, issuing authorities, the US Department of State, and other appropriate agencies (each, a "Relevant Agency" and collectively, the "Relevant Agencies"), and may from time to time be based on our experience filing successful applications. You acknowledge that immigration laws are constantly changing and that although all information, including fees and requirements, is intended to be complete, accurate, reliable, and current, this cannot be guaranteed and Nomadic makes no representation or warranty that this information is accurate, error free, reliable, complete, and/or current at the time of publication on the Website or at the time of your order. All listed information is subject to change at any time, in our discretion, and without notice. Relevant Agencies may also, at any time, request additional information or supporting documents, even if these are not among the application requirements initially noted by us.
All instructions, guidance and information provided by Nomadic regarding entry and visa requirements are based on individual assessments for the circumstances of your specific order and do not apply to your future travel, other individuals, or changed circumstances.
Although our aim is to provide travel solutions, Nomadic and its employees will not provide legal services or legal advice. Nomadic is not a law firm and is not a substitute for the advice of an attorney. This Website is not intended to create any attorney-client relationship and by using this Website, no attorney-client relationship will be created with Nomadic. If you have legal questions or specific or complex issues, you should consult with and obtain legal advice from a qualified, licensed attorney.
3.2 Processing Times
Listed processing times are based on information obtained from the Relevant Agencies and in some cases, may be based on our experience filing similar applications with the Relevant Agencies. Nevertheless, Nomadic makes no representations or warranties that any listed processing times are accurate, reliable, or current. Nomadic will endeavor to file applications at the first opportunity with the Relevant Agencies once all application materials are received from you and are correct and complete as determined in our discretion. Applications that are received from you with missing or incorrect documentation will be filed only after corrections have been made and documentation is complete.
4. DISCRETION OF AUTHORITIES
Acceptance, processing, and issuance of a visa, passport or similar document (each, a "Travel Document") or any features of the Travel Document (including but not limited to type, validity, duration, and number of entries) is fully at the discretion of the applicable Relevant Agency. Nomadic does not represent or warranty that an application will be accepted or approved, and once filed Nomadic cannot warrant a date that a Travel Document will be released. The Relevant Agency may decide to grant a different type of Travel Document or for different period of validity than requested, as an example. The Relevant Agency is not obligated to provide an explanation for its decision and Nomadic is under no obligation to obtain an explanation. Nomadic is not liable for any decisions made by any Relevant Agency with respect to the Travel Document requested by you.
5. ACCURACY OF TRAVELER INFORMATION
Nomadic will prepare and file an application on your behalf based upon information and documentation submitted by you and/or your employer. It is your responsibility to ensure that the materials you provide are true, accurate, complete, and correct. Nomadic will not knowingly provide any incomplete or false information to any Relevant Agency.
Once the Travel Document is returned, you are responsible for verifying that your personal data is correct and that Travel Documents needed for each destination are valid for planned travel dates and for the purpose of visit. You must notify Nomadic immediately if any corrections or further assistance is required.
6. SHIPPING AND DELIVERY
Original documents should only be shipped using a reliable, trackable service. Nomadic will return documents using the method requested on each order. Nomadic does not accept liability for loss or delay while documents are in possession of a shipping service.
THE WEBSITE AND ALL SERVICES, APPLICATIONS, MATERIALS, DOCUMENTS, OR FORMS PROVIDED ON OR THROUGH USE OF THE WEBSITE ARE PROVIDED “AS IS” AND "AS AVAILABLE" WITHOUT ANY REPRESENTATION OR WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
YOU CONFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF REPRESENTATION OR BREACH OF WARRANTY CLAIMS.
8. LIMITATION OF LIABILITY
You understand that we cannot and do not represent or warrant that an application will be accepted or approved by any Relevant Agency. Travel Documents are subject to the exercise of discretion of the Relevant Agency and subject to rejection, delayed processing, or delayed approval.
IN NO EVENT WILL NOMADIC, ITS AFFILIATES, OR THEIR EMPLOYEES, AGENTS, MEMBERS, MANAGERS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH (i) ANY BREACH OF THESE TERMS OF SALE, (ii) ANY EXERCISE OF DISCRETION BY THE RELEVANT AGENCY, or (iii) ANY REJECTIONS, DELAYED PROCESSING, OR DELAYED APPROVAL OF APPLICATIONS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
IF THERE IS LIABILITY FOUND ON THE PART OF NOMADIC, ITS AFFILIATES, OR THEIR EMPLOYEES, AGENTS, MEMBERS, MANAGERS, OFFICERS, OR DIRECTORS, OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE SERVICES YOU HAVE ORDERED THROUGH OUR WEBSITE.
The limitations of liability set forth above shall: (i) only apply to the fullest extent permitted by law and (ii) not apply to liability resulting from our gross negligence or willful misconduct as determined by a court of competent jurisdiction in a final non-appealable judgment.
9. SERVICES NOT FOR RESALE OR EXPORT
You represent and warrant that you are buying services from the Website for your own personal use only, and not for resale or export.
10. GOVERNING LAW AND JURISDICTION
This Website is operated from the US. All matters relating to the Website and these Terms of Sale, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Sale shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York in the County of New York. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
11. WAIVER AND SEVERABILITY
No waiver by Nomadic of any term or condition set out in these Terms of Sale shall be deemed a further or continuing waiver of such term or a waiver of any other term, and any failure of Nomadic to assert a right or provision under these Terms of Sale shall not constitute a waiver of such right or provision.
If any provision of these Terms of Sale is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Sale will continue in full force and effect.
12. FORCE MAJEURE
If performance of any of Nomadic’s services or any obligation under these Terms of Sale is prevented, restricted, or interfered with by a Force Majeure Event (defined below), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such Force Majeure Event. "Force Majeure Event" means an event beyond a party's reasonable control and shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages or other labor disputes, or supplier failures. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.
13. ENTIRE AGREEMENT