Terms of Use

Preamble

These Terms of Use (hereinafter the "Terms of Use") govern access to and use of the BlueVisa platform (hereinafter the "Platform"), published by BLUEVISA LIMITED, a company incorporated under the laws of Mauritius and registered under number C26230033, whose registered office is at Appt 34, Azuri Village, Haute Rive, Roches Noires, Republic of Mauritius (hereinafter "BlueVisa").

The Platform comprises the showcase website bluevisa.com and its subdomains, the client area, the affiliate area, the area reserved for operators and partners, and any other online area that BlueVisa makes available. The term "User" refers to any person who accesses the Platform, whether or not they hold an account.

By accessing the Platform, creating an account or using an account created on their behalf, the User unreservedly accepts these Terms of Use, the Terms of Sale and the Privacy Policy. A User who does not accept these documents must refrain from using the Platform.

Article 1 - Access and accounts

1.1 Access to the Platform

Access to the showcase website is free and open. Access to the restricted areas requires an account and personal login credentials. Internet access and equipment costs remain the responsibility of the User, who must have an up-to-date browser and a valid email address.

1.2 Creation of the client account

The client account is created by BlueVisa when a service is subscribed to, on the basis of the information provided by the Client, who then receives their login credentials and sets their password. An account may also be created by BlueVisa at the Client's request or in connection with a file opened by a partner. The User undertakes to provide accurate information and to keep it up to date in their area.

Account creation is reserved for natural persons who are of legal age and have legal capacity, or for duly authorised representatives of legal entities. An account is strictly personal and may not be shared, assigned or transferred.

1.3 Operator, partner and affiliate accounts

BlueVisa may open accounts for its staff, its local agencies and partners, and the members of its affiliate programme. These accounts give access only to the information required for the account holder's assignment; the holder undertakes to use them strictly for professional purposes, to keep confidential the data they access and to use that data only for the intended purposes. BlueVisa may restrict, suspend or close these accounts at any time.

Article 2 - Use of the account

The User is solely responsible for keeping their login credentials confidential and for their use. Any action carried out from their account is deemed to have been carried out by them. The User undertakes to choose a strong password, not to disclose it to anyone and to log out after each session on a shared device.

In the event of loss, theft or suspected unauthorised use of their account, the User shall immediately notify BlueVisa at contact@bluevisa.com. BlueVisa may then suspend the account as a precautionary measure.

BlueVisa reserves the right to suspend or delete any account, without notice or compensation, in the event of a breach of these Terms of Use, suspected fraud, identity theft, a risk to the security of the Platform or a request from a competent authority.

Article 3 - Uploading documents

As part of their file, the User uploads documents through their area. The User undertakes to:

• Upload only authentic, truthful, legible and unaltered documents that they are entitled or authorised to use
• Comply with the formats accepted by the Platform (in particular PDF, JPG, PNG, WEBP, GIF, DOC, DOCX, XLS, XLSX, ODT, ODS, CSV, TXT), which may change over time
• Not exceed the maximum size allowed per file (10 MB)
• Not upload any unlawful, offensive, malicious or off-topic content

The User remains solely responsible for the content of the documents uploaded and keeps the originals: the Platform is not intended to serve as an archive or a backup. BlueVisa may reject, remove or request the replacement of any non-compliant document, and may delete documents at the end of the retention periods set out in the Privacy Policy.

Article 4 - Built-in messaging

The client area includes a messaging system that allows communication with the BlueVisa team and, where applicable, with the partners in charge of the file. This messaging is intended exclusively for exchanges relating to the file; it is not an emergency channel, and messages are handled during business hours.

The User undertakes to:

• Use the messaging in a courteous and respectful manner
• Not send any advertising, hateful, defamatory or unlawful content
• Not use the messaging for purposes unrelated to the service

Exchanges through the messaging system and Platform notifications are retained and may be used as evidence in the event of a dispute. Information provided by BlueVisa through the messaging system falls within the scope of the service subscribed to and does not constitute personalised legal or tax advice, unless that service expressly provides for it.

Article 5 - Prohibited conduct

The User undertakes not to:

• Attempt to access unauthorised areas of the Platform, or the accounts or data of other users
• Use bots, automated scripts, extraction tools or any other means of systematically collecting data or content, including for the training of automated systems
• Disrupt or attempt to disrupt the operation of the Platform (overloading, code injection, circumvention of limits)
• Impersonate a third party, create an account under a false identity or on behalf of a third party without authorisation
• Use the Platform, its content or its tools (simulators, comparisons, pricing) for unauthorised commercial purposes, in particular to offer competing services
• Transmit viruses, malware or any malicious content
• Reproduce, copy, publish or extract all or part of the Platform's content without written authorisation
• Circumvent, disable or test the security measures in place
• Make statements or publish content that is detrimental to BlueVisa, its staff, its partners or third parties

Any breach may result in the immediate suspension or deletion of the account and of access to the Platform, without prejudice to any legal action that BlueVisa reserves the right to bring and to any claim for compensation.

Article 6 - Availability and evolution of the Platform

BlueVisa endeavours to keep the Platform accessible at all times. However, no guarantee of availability, performance or absence of errors is provided. The Platform may be temporarily unavailable, in whole or in part, due to:

• Scheduled or emergency maintenance operations
• Technical or functional updates
• Failures, or hosting, network or third-party provider incidents
• Security measures or force majeure events

BlueVisa may at any time develop, modify or remove features of the Platform. BlueVisa cannot be held liable for any direct or indirect damage resulting from the unavailability, malfunction or evolution of the Platform, nor for the loss of data of which the User has not kept a copy. The information displayed on the Platform (steps, statuses, estimated timeframes, amounts) is provided for the purpose of tracking the file; in the event of a discrepancy, the contractual documents and BlueVisa's written communications prevail.

Article 7 - Affiliate programme

7.1 Admission

BlueVisa offers an affiliate programme that allows natural or legal persons (hereinafter "Affiliates") to recommend its services by means of a personal code or link. Admission to the programme is at BlueVisa's discretion, and BlueVisa may refuse or withdraw it at any time without giving reasons. By using the affiliate area, the Affiliate accepts these terms.

7.2 Commissions

The Affiliate receives a commission whose rate and basis are those displayed in their affiliate area at the time the referred client subscribes. A commission is earned only once the referred subscription has been paid in full and the client's file has reached the stage defined by BlueVisa and displayed in the affiliate area. A commission is cancelled when the subscription is cancelled, refunded, disputed or obtained in breach of these terms. BlueVisa may change the rates and conditions for the future; commissions already earned are not affected.

7.3 Payment and invoicing

Earned commissions are paid by bank transfer to the account entered by the Affiliate in their area, at the frequency and above the minimum amount set by BlueVisa, provided that the Affiliate has supplied the identification, invoicing and compliance information requested. The Affiliate authorises BlueVisa to issue, in the Affiliate's name and on the Affiliate's behalf, the invoices corresponding to their commissions (self-billing); the Affiliate may dispute an invoice within fifteen days of it being made available. The Affiliate is solely responsible for their tax, social security and reporting obligations relating to the commissions received, and indemnifies BlueVisa in this respect.

7.4 Obligations of the Affiliate

The Affiliate undertakes to promote BlueVisa's services fairly and transparently, and in particular shall not: send unsolicited communications; purchase keywords or use domain names, accounts or content that reproduce the BlueVisa brand or are likely to cause confusion; make misleading promises, statements or comparisons about the services, their prices, their timeframes or their results; pass themselves off as BlueVisa or as a regulated adviser; refer their own subscription or that of persons acting on their behalf; publish their code on voucher websites or public platforms without written consent. The Affiliate is neither a representative, nor an agent, nor an employee of BlueVisa and may not bind BlueVisa.

7.5 Suspension and termination of participation

BlueVisa may suspend the affiliate area, withhold or cancel commissions and exclude the Affiliate in the event of a breach, fraud or suspected fraud, without compensation. Either party may end participation in the programme at any time in writing; commissions earned as at that date remain payable, subject to Article 7.2.

Article 8 - Intellectual property

All elements making up the Platform (design, texts, images, logos, icons, source code, databases, tools, simulators, trademarks and domain names) are the exclusive property of BlueVisa or its partners and are protected by applicable intellectual property laws.

Any reproduction, representation, modification, distribution or exploitation of all or part of these elements, by any means whatsoever, without the prior written authorisation of BlueVisa, is prohibited and constitutes an infringement punishable by law. The User is granted only a personal, non-exclusive and non-transferable right to access and use the Platform for the purpose of tracking their file or carrying out their assignment.

Article 9 - Personal data, cookies and security

Users' personal data is processed in accordance with the Privacy Policy, which describes in particular the recipients of the data, transfers to destination countries and partners, retention periods and the cookies used. The User may exercise their rights by writing to contact@bluevisa.com.

BlueVisa implements reasonable security measures to protect the Platform and the data it contains, without being able to guarantee absolute security. A User who identifies a vulnerability or an incident undertakes to report it to BlueVisa without delay and not to exploit or disclose it.

Article 10 - Account closure

The User may request the closure of their account by writing to contact@bluevisa.com. Closure does not affect the obligations arising from the services subscribed to or any amounts due. BlueVisa retains the data and documents required to perform ongoing obligations, to comply with its legal obligations and to evidence its rights, for the periods set out in the Privacy Policy. BlueVisa may close an account that has been inactive for more than twenty-four months after informing the User.

Article 11 - Related contractual documents

These Terms of Use form a contractual whole together with:

• The Terms of Sale, governing the provision of services
• The Privacy Policy, detailing the processing of personal data

In the event of any conflict between these Terms of Use and the Terms of Sale, the latter shall prevail for everything relating to the commercial relationship. The Terms of Use are drawn up in French; any translation is provided for convenience only, and the French version prevails.

Article 12 - Amendments to the Terms of Use

BlueVisa reserves the right to amend these Terms of Use at any time. Users who hold an account are informed by email or by a notification on the Platform of any substantial change.

Continuing to use the Platform after notification of the changes constitutes acceptance of the new Terms of Use. In the event of disagreement, the User may stop using the Platform and request the closure of their account under the conditions set out in Article 10.

Article 13 - Governing law and jurisdiction

These Terms of Use are governed by the law of the Republic of Mauritius. Any dispute relating to their interpretation or performance falls within the exclusive jurisdiction of the courts of the Republic of Mauritius, subject to the mandatory provisions that grant a consumer User, under the law of their country of habitual residence, more favourable protection or the right to bring proceedings before the courts of that country.