Disclaimer and Limitation of Liability

1. GENERAL DISCLAIMER

1.1 The services provided by Flamingoes Migration Consultants Pvt. Ltd. (hereinafter referred to as the “Company”) are strictly limited to advisory services, documentation assistance, application facilitation, coordination support, and liaison-related activities carried out in a professional capacity and in accordance with applicable laws and industry standards.

1.2 The Company expressly clarifies and declares that it does not guarantee the approval of visas, permits, immigration benefits, or any other governmental or third-party authorization, does not warrant or assure any specific timelines for processing by competent authorities, and does not undertake responsibility for the ultimate outcome of applications submitted to any third party or authority, irrespective of the nature of service rendered.

1.3 All decisions relating to applications, approvals, rejections, delays, or additional requirements are solely at the discretion of the relevant authorities, including but not limited to embassies, consulates, immigration departments, regulatory bodies, and other governmental or quasi-governmental agencies, and the Company shall have no control over such decisions.

1.4 All fees charged by the Company are strictly towards professional time, administrative efforts, technical expertise, documentation handling, advisory input, and process facilitation, and shall not be construed as consideration for any guaranteed result or outcome.

2. PROFESSIONAL/ LEGAL GUARANTEE

2.1 The Company does not provide legal representation, legal advocacy, or court-related services unless expressly agreed to in writing through a separate engagement or authorization executed by competent parties.

2.2 Any guidance, consultation, opinions, suggestions, or recommendations provided by the Company are based on its professional experience, industry knowledge, and publicly available information, and shall not be interpreted, construed, or relied upon as legal advice, binding assurance, or guarantee of any specific result or outcome.

2.3 The Client acknowledges that immigration laws, visa regulations, and governmental policies are dynamic in nature and subject to frequent amendments, and therefore any advice or guidance provided is inherently subject to change without prior notice.

3. THIRD PARTY DISCLAIMER

3.1 The Company may, in the course of providing services, engage, coordinate, or interact with third parties including government authorities, verification agencies or sponsors, external service providers, consultants, or intermediaries necessary for processing and facilitation purposes.

3.2 The Company shall not, under any circumstances, be held responsible or liable for any decisions, delays, omissions, failures, or actions of such third parties, nor for any errors, negligence, misconduct, or deficiencies attributable to such third parties, nor for any changes in policies, laws, regulations, or procedures that may affect the processing or outcome of applications.

3.3 Any engagement with third parties shall be deemed to be subject to the independent terms, policies, and conditions of such third parties, and the Company shall not be a party to or responsible for such independent arrangements.

4. ACCURACY OF INFORMATION

4.1 The Company relies entirely and exclusively on the information, declarations, and documents provided by the Client for the purpose of rendering its services and processing applications.

4.2 The Company shall not be held liable or responsible for any consequences, losses, delays, or adverse outcomes arising from false, misleading, incomplete, inaccurate, or suppressed information submitted by the Client, or from the failure of the Client to disclose material facts that may affect the processing or outcome of the application.

4.3 The Client shall bear full responsibility for the authenticity, legality, and accuracy of all documents submitted.

5. LIMITATION OF LIABILITY

5.1 To the maximum extent permissible under applicable law, the total liability of the Company, whether arising in contract, tort, negligence, strict liability, or otherwise, shall be strictly limited to the amount of fees actually received by the Company for the specific service in question.

5.2 Under no circumstances whatsoever shall the Company be liable for any indirect, incidental, consequential, special, or exemplary damages, including but not limited to loss of opportunity, loss of income, loss of business, loss of reputation, emotional distress, inconvenience, or any rejection or delay in applications caused by authorities.

5.3 The Company shall further not be liable for any loss, delay, or failure arising due to policy changes by immigration or regulatory authorities, force majeure events, or technical failures including system errors, server issues, network disruptions, or other infrastructural deficiencies beyond the Company’s reasonable control.

6. INDEMNITY

6.1 The Client hereby agrees to indemnify, defend, and hold harmless the Company, its directors, employees, agents, representatives, and affiliates from and against any and all claims, demands, liabilities, damages, losses, costs, and expenses, including reasonable legal fees, arising out of or in connection with any breach of this Agreement, misrepresentation or fraudulent submission by the Client, non-compliance with applicable laws, or any act or omission attributable to the Client.

6.2 The provisions of this clause shall survive the termination, expiry, or conclusion of the engagement and shall continue to remain enforceable in accordance with applicable law.

7. NO WARRANTY

7.1 All services provided by the Company are rendered on an “as-is” and “as-available” basis without any warranties of any kind, whether express or implied.

7.2 The Company expressly disclaims all warranties including but not limited to warranties of fitness for a particular purpose, accuracy, completeness, reliability of information, and timeliness or uninterrupted nature of service delivery.

8. FORCE MAJEURE

The Company shall not be held liable or responsible for any delay, interruption, or failure in performance resulting from events beyond its reasonable control, including but not limited to natural disasters, governmental actions, pandemics, public health emergencies, war, strikes, civil disturbances, or system and infrastructure failures.

9. REGULATORY & LEGAL COMPLIANCE

9.1 This policy shall be read in conjunction with and interpreted in accordance with applicable Indian laws, including the Indian Contract Act, 1872, the Information Technology Act, 2000, and the Consumer Protection Act, 2019, along with any other relevant statutory provisions.

9.2 Nothing contained in this policy shall operate to exclude or limit liability where such exclusion or limitation is expressly prohibited by applicable law.

10. REFUND POLICY

10.1 Initial Withdrawal Window: The Client may formally withdraw from the program within the first seven (7) working days from the execution of this Agreement by submitting a written request to the Company's designated email. In such an event, a full refund of the fee paid shall be provided, provided no official processing has commenced with overseas third parties.

10.2 Non-Issuance Guarantee: If the required Documents is not issued or provided to the Client within the agreed-upon stipulated timeline due to processing failures or inability to secure the document, the full amount paid by the Client shall be 100% refundable.

10.3 Non-Refundability Upon First Step Execution: Once the first operational stage or document processing step has been initiated or completed, the full amount paid shall become strictly non-refundable.

Company-Side Delays and Re-application:

If an application failure, rejection, or processing delay is directly attributable to proven administrative error, omission, or deadline failure committed exclusively by the Company (excluding embassy processing backlogs, policy changes, or third-party delays covered under Clause 6), the Company shall notify the Client in writing.

In such events, the Client shall have the option to choose between the following remedies:

• Re-processing: The Company shall re-process and re-submit the application at no additional service charge within 30 days, subject to available application cycles, university intakes, or employer quotas of the destination country. If the Company fails or refuses to re-process the application within a reasonable period, or if the re- processing fails again due to direct, proven negligence of the Company, the Client retains the right to demand a full refund.
• Full Refund: The Client may elect to forego re-processing and instead receive an immediate, full refund of all service fees paid to the Company.

10.5 Visa Rejection Terms:

• Client-Side Rejection: If a visa or permit is rejected due to reasons attributable to the Client, including but not limited to submission of forged/false documents, undisclosed prior refusals, failure to attend interviews, failure to meet financial criteria, or criminal history, the fee shall be strictly non-refundable.
• Company-Side Rejection: If the rejection is due to a proven, direct operational error by the Company, the Company shall re-apply within one month. If the application remains unprocessed or fails after re-application due to Company error, the full fee paid shall be refunded.

10.6 Processing Timeline: Every eligible refund approved under these clauses shall be credited back to the original remitting bank account within forty-five (45) calendar days from the date of formal approval of the refund request.

10.7 Refund Escalations: All refund applications must be submitted in writing along with proof of payment to the Finance Desk: finance@flamingoesmigration.com

15. FRAUD, MISREPRESENTATION & NON-COMPLIANCE

15.1 No refund shall be granted in cases where the Client submits false, forged, misleading, or fabricated documents, conceals material information, or violates applicable laws, regulations, or instructions.

15.2 The Company reserves the right to report such conduct to competent authorities and take appropriate legal action.

16. REJECTION BY AUTHORITIES

16.1 The Client expressly acknowledges that decisions of authorities are beyond the Company’s control.

16.2 Accordingly, no refund shall be payable solely on account of rejection of any application by embassies, consulates, or immigration authorities.

17. DELAY & FORCE MAJUERE

No refund or compensation shall be payable for delays caused by government processing timelines, policy changes, or force majeure events beyond the control of the Company.

18. PROCESSING OF REFUNDS

18.1 Approved refunds shall be processed within a period of fifteen to thirty working days from the date of approval.

18.2 Refunds shall be made through the original mode of payment where feasible, or alternatively via bank transfer to the Client’s designated account as communicated in writing.

19. ACKNOWLEDGEMENT & ACCEPTANCE

By engaging the services of the Company, the Client expressly acknowledges that they have read, understood, and agreed to this Disclaimer and Limitation of Liability Policy, accept all risks associated with third-party decisions and external processes, and agree to be legally bound by the terms and conditions set forth herein.

20. SEVERABILITY

20.1 If any provision of this Policy is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.

21. GOVERNING LAW & JURISDRICTION

21.1 This Policy shall be governed by and construed in accordance with the laws of India.

21.2 Courts at Kochi, Kerala shall have exclusive jurisdiction, subject to arbitration provisions agreed separately.