USER AGREEMENT, TERMS, CONDITIONS AND NOTICES
This User agreement, terms, conditions and notices were posted on 1 May 2021 updating previous terms, conditions and notices posted on 11 September 2015. By accessing or using www.immiadvisor.com (“Website”) in any manner, you agree to be bound by this agreement. Please read the agreement carefully. These terms apply to all visitors, users and others who access or use our services. We strongly recommend that, as you read this agreement, you also access and read the hyperlinked information as they provide the rules for using the ImmiAdvisor Website.
1.1 Welcome to ImmiAdvisor.com. This page (together with the documents referred to on it) sets out the User agreement, terms, conditions and notices of use on which you access our website www.immiadvisor.com (“Website” or “Site”).
1.2 The Website, www.immiadvisor.com, is operated by ImmiAdvisor Pty Ltd ABN: 29 600 778 532 (“we”, “us”, “our” or “ImmiAdvisor”).
1.3 The term “you”, “your” or “User” refers to the visitor, user or any others accessing our Website and/or contributing content on this Website. The term “Immigration Advisor” or “Immigration Professional” or “Registered Migration Agent” or “Licensed Immigration Adviser” or “Immigration Attorney” or “Solicitor” or “Legal Practitioner” or “Barrister” or “Lawyer” refers to an immigration advice professional who is registered or licensed by a relevant professional regulatory authority to provide immigration advice or immigration law services who is a User. The term “Visa Applicant” refers to a User that is accessing the Website in order to use the services of an immigration advice professional.
1.4 The term “Contribution” or “Contribute” refers to any content or material on this Website which You submit by electronic mail, posting, sharing and uploading to the Website. This includes any profiles created (whether it is an immigration advice professional’s profile or Visa Applicant’s profile), reviews, questions, comments, suggestions, ideas or the like contained in any submission. The terms “listing” or “profile” refer to the User’s account and the presentation of the User’s account and profile to other Users on the Website.
1.5 By using the ImmiAdvisor Website, you agree to the following terms with ImmiAdvisor and are bound by this agreement. If you disagree with any part of the terms you may not access the Website or use any of the services provided through the Website.
1.6 ImmiAdvisor has sole discretion to determine the appropriate action we may take in response to a breach by you of these terms. ImmiAdvisor has absolute discretion to remove or edit content without notice and without liability.
1.7 If you have any questions please email us at firstname.lastname@example.org
1.8 This agreement is effective from 30 April 2021 for all Users.
1.9 Any rights not expressly granted herein are reserved.
2. Using ImmiAdvisor
2.1 All Users may access some areas of the Website without registering with us. Certain areas of the Website are only open to you if you register. IMMIADVISOR RESERVES THE RIGHT TO ACCEPT OR DECLINE ANY USER WITHOUT REASON OR NOTICE.
2.2 As a condition of your use of this Website, you warrant that you are 18 years or older in order to register for an account and Contribute to our Website and you possess the legal authority to enter into this agreement and to use this Website in accordance with all terms herein. We do not knowingly collect the information of anyone under the age of 18. We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this agreement.
2.3 When you create an account with us, you must provide us information that is accurate, complete and current at all times. Failure to do so may constitute a breach of the terms, which may result in immediate termination of your account.
2.4 When you create an account with us, this account must reflect your information only and not be used by others. Profiles created on the Website must only relate to one individual person per profile. Profiles that represent a partnership, a company, or otherwise represent more than one person, will not be accepted and may be removed from the Website by us at any time without notice.
2.5 By creating a profile on the Website, you agree to pay ImmiAdvisor’s subscription fees for the listing (if applicable), assume full responsibility for the content of the listing and item offered, and accept the following listing conditions:
- When you create a profile on ImmiAdvisor, your profile will be available to be viewed by other users.
- Your profile may not immediately be searchable and may take several days to appear on the Website.
- If you are an immigration advice professional you must create your profile per individual and not your company
2.6 You are responsible for safeguarding the password that you have created and use to access our Website. You are also responsible for any activities or actions undertaken under your account. You agree to not disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your account.
2.7 You alone, and not ImmiAdvisor, are responsible for ensuring that your profile and other activities conducted on our Website are lawful. You must ensure that you comply with all applicable laws in Australia and other countries.
2.8 You agree to NOT:
- Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, content, software, products, or services obtained from or through this Website. The content and information on this Website (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material), as well as the infrastructure used to provide such content and information, is proprietary to us.
- Include in your username any wording or letters which are the same as or similar to any domain name, company name, trademark or service description that you do not own, without proper authorisation. You must not create a username that is the name of another person. You must not use a username that is offensive, vulgar or obscene.
- Access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission.
- Violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website.
- Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.
- Deep-link to any portion of this Website for any purpose without our express written permission.
- “Frame”, “mirror” or otherwise incorporate any part of this Website into any other website without our prior written authorization.
- Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by ImmiAdvisor in connection with the Website or the services.
- Create multiple accounts or usernames. Only one username is permitted to you upon registration.
- Post in any language other than English. This Website is in the English language and any Contribution posted by you on the Website should be in the English language.
- Solicit passwords or personal information from anyone.
- Post articles, news items or other content, or links to such items, without permission from the copyright holder.
- Post false, inaccurate, misleading, defamatory or offensive content (including personal information).
- Take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information or using it for purposes unrelated to ImmiAdvisor);
- Transfer your ImmiAdvisor account (including feedback) and user ID to another party without our consent.
- Distribute or post spam, unsolicited or bulk electronic communications, chain letters or pyramid schemes;
- Distribute viruses or any other technologies that may harm ImmiAdvisor or the interests or property of ImmiAdvisor users;
- Harvest or otherwise collect information about users, including email addresses, without their consent.
- Interfere or attempt to interfere with the proper working of the sites, services or tools, or any activities conducted on or with the sites, services or tools.
2.9 By agreeing to these terms and conditions and paying the subscription fee, You acknowledge that We do not guarantee any leads or new clients from the Website. You acknowledge and agree that the Website will advertise Your services only, and that a failure to receive any new leads, work or clients from the Website will not entitle You to any refund of subscription fees or any other damages.
2.10 Except as required by the Australian Consumer Law, We will not refund any subscription fees paid by You. If an implied term under the Australian Consumer Law applies, Our liability to You is limited to refunding the subscription fees or a part of them to You, resupplying our services to You, or repairing the services. If the Australian Consumer Law applies, we will decide whether to refund, resupply or repair, and You acknowledge and agree that the decision to offer a repair or resupply instead of a refund is ours to make.
2.11 We reserve the right to terminate or suspend your account and/or delete or move any Contribution or other content, with or without reason at our sole discretion, including but not limited to content which breaches or is deemed to breach the terms and conditions. We may also do so if we suspect you may be in breach of the terms and conditions. We do not accept any liability for any direct, indirect, consequential, economic or other loss to you or any other person caused by such content and/or as a result of terminating the account and/or deleting any Contribution or other content.
3.1 When you create a profile on this Website and agree to these Terms and Conditions, you acknowledge and agree that you are authorising recurring payments. You agree that these payments shall be made to ImmiAdvisor on an annual basis until the subscription is terminated by you or by ImmiAdvisor.
3.2 You agree to authorise ImmiAdvisor to process such payments by the method you have elected, subject to that method being supported by ImmiAdvisor’s payment platform. The current method supported by the platform is credit card payment.
3.3 The subscription fee is to be billed or charged in advance of the relevant subscription period.
3.4 You agree that your subscription will be automatically renewed at the end of the 12 month period, and that you will be charged the then current price for the renewal term, unless you choose to cancel your subscription. You agree that you must cancel your subscription by notice to ImmiAdvisor in writing by email to email@example.com before the renewal date to avoid being charged for the renewal.
3.5 In the event that a payment is returned unpaid or if any credit card or similar transaction is denied, ImmiAdvisor reserves the right to collect any applicable return item, rejection or insufficient funds fee from you as an additional payment to us.
3.6 ImmiAdvisor reserves the right to make any price changes at any time. You agree that if you do not agree to the price change, you must cancel your subscription prior to the price change taking effect. The price change will take effect on the next renewal date following the relevant subscription period.
3.7 If you decide to cancel your subscription before the end of the subscription period, ImmiAdvisor will not provide any refund for any remaining period.
4. Contributions on the Website
4.1 All Contributions (in whole or in part) must be accurate (where they state facts), be genuinely held (where they state opinions) and comply with the applicable law in Australia and/or in any country from which they are posted. You must not post false, inaccurate, misleading, defamatory or offensive content (including personal information). You are solely responsible for the material you post.
4.2 By submitting a Contribution you grant ImmiAdvisor and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to:
- use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Contribution throughout the world in any media, now known or hereafter devised; and
- use the name that you submit in connection with such Contribution. You acknowledge that ImmiAdvisor may choose to provide attribution of your comments or reviews at our sole discretion. You further grant ImmiAdvisor the right to pursue at law any person or entity that violates your or ImmiAdvisor rights in the Contributions by a breach of this agreement. You acknowledge and agree that Contributions are non-confidential (and publicly available) and non-proprietary.
4.3 ImmiAdvisor will not be responsible, or liable to any third party, for the content or inaccuracy of Contributions posted by you or any other user of the Website. ImmiAdvisor will not update any person regarding any inaccuracy, omission or change of information contained in this Website.
4.4 We reserve the right to read private messages which originate from the Website in order to check compliance with the terms. This does not constitute monitoring of private messages or threads and will not be put on deemed notice of any content of such Contribution as a result of this right.
4.5 ImmiAdvisor does not edit or control the User Messages posted to or distributed on this Website and will not be in any way responsible or liable for such User Messages. ImmiAdvisor nevertheless reserves the right for any reason in its sole discretion to edit or remove without notice any User Messages and/or Site Content.
4.6 The Website may contain discussion forums, bulletin boards, review services or other forums in which you or third parties may post reviews of immigration experiences or other content, messages, materials or other items on the Website (“Interactive Areas”). If ImmiAdvisor provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Website any of the following:
- Defamatory Contributions. Contributions must not contain material which is or could be defamatory in any way;
- Any message, data, information, text, music, sound, photos, graphics, code or any other material (“Content”) that is false, unlawful, misleading, libelous, defamatory, obscene, pornographic, indecent, harmful, lewd, suggestive, harassing or advocates harassment of another person, offensive, violent, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- Content that is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual. The contribution must not promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- Content that would constitute, encourage, promote or provide instructions for a conduct of an illegal activity, criminal offense, give rise to civil liability, violate the rights of any party in any country in the world, or that would otherwise create liability or violate any local, state, national or international law.
- Content that provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. In particular, content that promotes an illegal or unauthorised copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including ImmiAdvisor. The Contribution must not be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
- Unsolicited promotions, mass mailings or “spamming”, transmission of “junk mail”, “chain letters,” political campaigning, advertising, contests, raffles, or solicitations;
- Content containing commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
- Private information of any third party, including, without limitation, surname (family name) addresses, phone numbers and email addresses.
- Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- Viruses, corrupted data or other harmful, disruptive or destructive files;
- Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
- Content or links to content that, in the sole judgment of ImmiAdvisor, (a) violates the previous subsections herein, (b) is objectionable, (c) which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or (d) which may expose ImmiAdvisor or its affiliates or its users to any harm or liability of any type.
- Contribution should not be made in breach of any legal duty owed to a third party, such as a contractual duty or duty of confidence or contain any personally identifiable or private information of any third party;
- Contribution should not abuse or invade another’s privacy, appear to stalk, or cause annoyance, inconvenience or needless anxiety to another person;
4.7 ImmiAdvisor takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is ImmiAdvisor liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, ImmiAdvisor is not liable for any statements, representations or Content provided by its users in any public forum or other Interactive Area. Although ImmiAdvisor has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, ImmiAdvisor reserves the right, and has absolute discretion, to remove, screen or edit without notice any Content posted or stored on the Website at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Site at your sole cost and expense.
4.8 If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by ImmiAdvisor or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; (d) you unconditionally consent to any act or omission by ImmiAdvisor or persons acting on behalf of ImmiAdvisor in relation to all Content posted, stored or uploaded by you (or in collaboration with others) in connection with your use of or access to the Website, which may otherwise be an infringement of your moral rights; and (e) you forever release ImmiAdvisor, and its licensees, successors and assigns, from any claims that you could otherwise assert against ImmiAdvisor by virtue of any such moral rights.
4.10 All reviews (or other Contributions e.g. comments, profiles) posted to the Website may be subject to approval by Us. If We deem that a review breaches these terms and conditions, we may refuse to post the review to the Website or we may remove it from the Website if it has already been posted. The decision that a review breaches these terms and conditions is made by Us in our ultimate discretion, and there is no obligation on Us to provide reasons for Our decision. Where a review is critical of an immigration advice professional, We may (in our discretion) provide the review to the immigration advice professional for a response. In that situation, the immigration advice professional will have one week to provide reasons for Us to reject the review. If no reasons to reject the review are provided to Us by the immigration advice professional, We may still choose not to post the review, or We may choose to post the review, in which case the review will be deemed to have been accepted by the immigration advice professional. If the immigration advice professional provides reasons to reject the review, We may decide to reject the review for the reasons given, or We may approve the review regardless of the reasons given, or We may seek further information from the parties concerned before making a decision. The decision to post or not post the review on the Website is made by Us in our ultimate discretion, and there is no obligation on Us to provide reasons for Our decision.
4.11 The decision to post the review or decline a Contribution is in the ultimate discretion of ImmiAdvisor. Not only is the decision ImmiAdvisor’s but also whether the review breaches the terms and conditions of this Website is in the ultimate discretion of ImiAdvisor. This clause applies to reviews, comments, messages and the profile.
5. Advertisements and links to third party websites
5.2 We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature.
5.3 Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
5.4 ImmiAdvisor in no way guarantees that third party website information is correct nor is it in anyway responsible for content or services provided on such third party websites. We accept no responsibility for such sites or for any loss or damage that may arise from your use of them.
5.5 Information on our Website relating to the Significant Investor Visa funds has been prepared by the respective Significant Investor Visa funds and has not been verified by ImmiAdvisor. We cannot verify that the information will always be accurate and up-to-date. It is the Significant Investor Visa Fund’s responsibility to provide ImmiAdvisor with the information and ensure that the information is accurate and not misleading or deceptive information and it is the funds responsibility to update ImmiAdvisor of any changes to the information. You agree not to hold us responsible for any inaccuracies or out-dated information. ImmiAdvisor will be paid a listing fee and/ or commission for allowing the Significant Investor visa funds to prepare and provide their details on our Website.
5.7 ImmiAdvisor does not verify whether or not the funds are compliant with the immigration department’s criteria for Significant Investor Visa funds. ImmiAdvisor will not be responsible if the fund is not compliant.
5.8 If you decide to invest in a Significant Investor Visa fund, this transaction is between you and the fund and is not done via our Website.
6. Intellectual property rights
6.1 All contents of this Website are: © 2015 ImmiAdvisor Pty Ltd. All rights reserved. ImmiAdvisor is not responsible for content on websites operated by parties other than ImmiAdvisor.
6.2 ImmiAdvisor, the logo and all other product or service names or slogans displayed on the Website are registered and/or common law trademarks of ImmiAdvisor and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of ImmiAdvisor or the applicable trademark holder. In addition, the look and feel of the Website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of ImmiAdvisor and may not be copied, imitated or used, in whole or in part, without the prior written permission of ImmiAdvisor.
6.3 All other trademarks, product names and company names or logos mentioned in the Website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement or recommendation thereof by ImmiAdvisor.
6.4 You have no rights in, nor may you use, Contributions (other than your own) or other content on the Website, except as is expressly set out in the terms or as authorised by the content owner. You agree that ImmiAdvisor is the owner or licensee of all intellectual property rights contained in the Website.
6.5 By making a Contribution on the Website, you grant ImmiAdvisor a perpetual, irrevocable, non-royalty or licence fee bearing, worldwide, sub-licensable licence to use the Contribution in all fields and for any purposes.
6.6 You warrant that
- you have (and continue to have) all necessary rights, licences, permission and consent in Contributions; and
- nothing in such Contributions has been copied from any other source; and
- it does not contain any confidential information.
6.7 You agree to always acknowledge us (or any identified contributors) as the authors of material on our Website.
6.8 If you print off, copy or download any part of our Website in breach of these terms, you must, at our option, return or destroy any copies of the materials you have made.
6.9 We shall not be liable in connection with any claim that any Contribution or material posted by you or another user infringes the intellectual property rights of any third party.
7. Liability disclaimer
7.1 Information, opinions, statements and content on the Website are provided for information purposes only and are not immigration, legal, financial, taxation, technical or expert advice. They must not be relied on by a User.
7.2 The User releases ImmiAdvisor and its directors, agents or employees of any liability arising (whether directly or indirectly) out of the information provided on the Website or through the Website or any errors in, or omissions from information on the Website.
7.3 ImmiAdvisor will not be liable under any circumstances for any special, consequential, incidental, exemplary or indirect costs or damages, litigation costs, installation and removal costs, or loss of data, production or profit. ImmiAdvisor will also not be liable under any circumstances for any loss arising out of reliance on the information on or provided to the User through the Website or provided to a User by another User on the Website, nor any interruption, delay or impairment in the functioning, operation or availability of the Website, exposure to or transmission of any computer virus, internet access difficulties in connection with the Website, or malfunction in equipment or software.
7.4 The information, software, products, and services published on this Website may include inaccuracies, omissions or errors. To the maximum extent permitted by law ImmiAdvisor does not guarantee the accuracy of information on the Website. ImmiAdvisor disclaims all liability (including for negligence) for any errors, omissions or other inaccuracies relating to the information and description of the immigration advice professional, significant investor visa fund or any other products or other goods and services displayed on this Website (including, without limitation, the pricing, photographs, descriptions, etc), to the maximum extent permitted under applicable law.
7.5 ImmiAdvisor makes no representations of any kind about the suitability of the information, software, products, and services contained on this Website (site content) or any portion thereof for any purpose, and the inclusion or offering of any products or services on this Website does not constitute any endorsement or recommendation of such products or services by ImmiAdvisor. All such information, software, products, and services are provided “as is” without warranty of any kind. ImmiAdvisor disclaims all warranties and conditions that this Website, its servers or any email sent from ImmiAdvisor, are free of viruses or other harmful components. To the maximum extent permitted under applicable law ImmiAdvisor hereby disclaims all warranties and conditions with regard to this information, software, products, and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
7.6 ImmiAdvisor also expressly disclaims any warranty or representation as to the accuracy or proprietary character of the site content.6.7 Commentary and other materials posted (such as blog posts) on our Website are not intended to amount to immigration, financial, legal or accounting or tax advice and you should not rely on this.
7.7 Subject to the foregoing, you use the site at your own risk and in no event shall ImmiAdvisor (its officers, directors and affiliates) be liable for any direct, indirect, punitive, incidental, special, or consequential losses or damages or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption of any type arising out of, or in any way connected with, your access to, display of or use of this Website or with the delay or inability to access, display or use this Website (including, but not limited to, your reliance upon opinions appearing on this Website; any computer viruses, information, software, linked sites, products, and services obtained through this Website; or otherwise arising out of the access to, display of or use of this Website) whether based on a theory of negligence, tort, contract, strict liability, or otherwise, whether in law or in Equity and even if ImmiAdvisor has been advised of the possibility of such damages.
7.8 These terms and conditions and foregoing liability disclaimer, do not affect mandatory legal rights that cannot be excluded under applicable law.
76.9 If, despite the limitations above, ImmiAdvisor is found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then to the maximum extent permitted by law the liability of ImmiAdvisor will in no event exceed, in the aggregate, one-hundred Australian dollars (AUD100.00).
7.10 The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of ImmiAdvisor.
7.11 We do not accept any liability for direct, indirect or consequential, economic or other loss to you and or any other person caused by such content and/or as a result of terminating the account and/or deleting any other content.
8. Using an immigration advice professional listed on ImmiAdvisor & limitation of liability
8.1 The Website allows Users (Visa Applicants) to identify immigration advice professionals online, and allows immigration advice professionals to advertise to Users online. ImmiAdvisor’s services only include matching the User with immigration advice professionals, or allowing immigration advice professionals to advertise their services to Users. ImmiAdvisor does not provide services to the User other than access to the database of businesses on the Website, and does not provide services to the immigration advice professional apart from a platform to advertise their business.
8.2 By listing information relevant to a particular immigration advice professional or Significant Investor Visa Fund, ImmiAdvisor does not represent or warrant that engagement with the immigration advice professional or Significant Investor Visa Fund is advisable or without risk and is not liable for damages or losses that may result from engaging with that immigration advice professional or Significant Investor Visa Fund.
8.3 You accept that there are risks associated with using the internet, including dealing with underage or fraudulent persons. You will not hold ImmiAdvisor responsible for other user’s content, actions or inactions, content they list on their profile, or destruction of allegedly fake reviews. You acknowledge that we are not recommending or endorsing any of these immigration advice professionals.
8.4 ImmiAdvisor is not involved in the actual transaction between visa applicants and immigration advice professionals. We have no control over and do not guarantee the quality, legality, accuracy nor the competencies of the immigration advice professionals and neither endorsing their profile, which we have not verified the information prepared and provided by the immigration advice professionals. We do not guarantee the truth and accuracy of any User’s content and profiles.
8.5 The Contributions on this site is contributed by the public. ImmiAdvisor takes no responsibility for the accuracy or reliability of the Contributions.
8.6 You may wish to enter into a transaction with a immigration advice professional. ImmiAdvisor plays no role in this process. If another user breaches any obligation to you, YOU (not ImmiAdvisor) are responsible for enforcing any rights that you may have.
8.7 In the event you choose to engage in dealings with a immigration advice professional, any acts or omissions of the immigration advice professional are not the responsibility of ImmiAdvisor.
8.8 You accept that ImmiAdvisor is in no way liable to you in any event that you hire the services of a immigration advice professional listed on ImmiAdvisor and who has been cautioned, suspended, cancelled, or has otherwise been subjected to a disciplinary decision by a professional regulatory authority. It is the responsibility of the user to utilise the public registers of professional regulatory authorities to determine status of a immigration advice professional.
8.9 It is the sole responsibility of the immigration advice professional to notify ImmiAdvisor as soon as reasonably possible, of any pending and confirmed disciplinary decisions regarding their registration or licensing with the relevant professional regulatory authority, including cautions, suspensions and cancellations. Upon notification, ImmiAdvisor will immediately terminate their ImmiAdvisor membership, without the refund of subscription fees. Immigration advice professionals who wish to be relisted as ImmiAdvisor members will need to re-apply for membership after resolving any disciplinary actions imposed by the professional regulatory authority. ImmiAdvisor reserves the right to immediately suspend your membership in the event that it receives any notifications of disciplinary actions from third parties pending confirmation by you.
9.1 If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint venturers and employees) from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
10.1 Without limiting other remedies, we may at our sole discretion, limit, suspend or terminate our service and user accounts, prohibit access to the ImmiAdvisor services, delay or remove hosted content, and take technical and legal steps to keep users off the sites if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties or acting inconsistently with the letter or spirit of our agreement (for example, and without limitation, Feedback manipulation, circumventing temporary or permanent suspensions or users who we believe are harassing our employees or other users). Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate accounts of users who may be repeat infringers of intellectual property rights of third parties. We also reserve the right to cancel unconfirmed accounts (accounts that we were unable to verify or authenticate any information you provide to us) or accounts that have been inactive for a long time, or to modify or discontinue ImmiAdvisor services.
10.2 Without limiting any other remedies available to ImmiAdvisor at law, in equity or under this agreement, we may, without notice to you and in our sole discretion (which shall be exercised reasonably, having regard to the circumstances):
- Delay listing your profile.
- Issue you a warning.
- Restrict your activities through our site.
- Temporarily suspend. We have the right to disable any user identification code or password, whether chosen by you or allocated by us.
- Indefinitely suspend or terminate your membership and refuse to provide our services to you.
- Immediate, temporary or permanent removal of any Contribution from our Website.
- Commence legal proceedings against you for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Commence further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
- You have, or we believe that you have, breached this agreement, which includes any of our Policies in any way.
- We believe that your actions may cause loss or damage to or otherwise unlawfully harm you, our users, third parties or us, our related bodies corporate or affiliates, our directors, employees or agents.
- If we reasonably believe that any of your information (which includes an item listed on the site) is inappropriate or of an offensive nature.
For security, confidentiality and privacy reasons, we are not obligated to provide to you or other members the details of any investigation that we conduct or any action which we take, in relation to your membership or your account other than those that are already provided to you by us. We may terminate your account at any time with or without reason.
10.3 If you are an immigration advice professional and have breached the terms of our Website you will not be entitled to a refund.
11. Website outages and changes to our Website
11.1 From time to time the Website may not be available due to periodical maintenance, updates or for other practical or business reasons. Accordingly, You acknowledge and agree that Your use of the Website does not guarantee constant or consistent access, and You have no claim against Us for inability to access the Website at any particular point in time.
11.2 ImmiAdvisor may change, suspend or discontinue any aspect of the ImmiAdvisor service at any time, including availability of any feature, database or content. ImmiAdvisor may also impose limits on certain features and services or restrict your access to all or parts of the Website or any other ImmiAdvisor Website without notice or liability for technical or security reasons, to prevent against unauthorised access, loss of, or destruction of data or where we consider in our sole discretion that you are in breach of any provision of these terms or of any law or regulation and where it decides to discontinue providing a service.
11.3 We cannot guarantee continuous or secure access to the ImmiAdvisor services, and their operation may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use the ImmiAdvisor services.
11.4 We aim to update our Website regularly, and may change the content at any time. Any of the material on our Website may be out of date at any given time whether posted by us or by any third party and we are under no obligation to update such material.
13. Warranty and Indemnity
13.1 ImmiAdvisor does not represent, warrant or guarantee that:
- any User is reputable, or will act in good faith, or according to their terms of engagement;
- any information on the Website will be complete, reliable or accurate; or
- the User’s access to the Website will be secure, available or uninterrupted.
The User warrants to the ImmiAdvisor that the User has the full right, authority and ability to enter into these terms and conditions, and that the User will not post information to the Website or use the Website or the Services to do anything, or for any purpose, that is:
- a breach of:
- (i) the Competition and Consumer Law Act 2010(Cth), Privacy Act 1988 (Cth) or Spam Act 2003 (Cth) or any other law which deals with commerce online; or
- (ii) the Copyright Act 1968(Cth), Trade Marks Act 1995 (Cth), Designs Act 2003 (Cth), Patents Act 1990 (Cth), or any other law which deals with intellectual property;
- a breach of any law of the Commonwealth of Australia, or any state or territory of Australia which binds the visa applicant, immigration advice professional or ImmiAdvisor, including criminal, personal injury, civil liability and defamation laws; or
- may bring ImmiAdvisor into disrepute or otherwise negatively impact on the reputation or business of ImmiAdvisor.
The User agrees to indemnify the ImmiAdvisor for any loss suffered or cost incurred by ImmiAdvisor as a result of the User’s breach of the warranties given in this clause.
13.2 You agree to defend and indemnify ImmiAdvisor (and its affiliates and any of their officers, directors, employees, subsidiaries, joint venturers and agents) from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees and costs, brought by any third party as a result of:
- your breach of this agreement or the documents referenced herein;
- your violation of any law or the rights of a third party; or
- your use of this Website.
13.3 If an immigration advice professional, Visa applicant or any third party makes any claim against ImmiAdvisor then the user who wrote the Contribution indemnifies ImmiAdvisor against any loss or damage suffered as a result of the claim including legal costs.
14. No agency
14.1 ImmiAdvisor is not your agent for any purpose in relation to this agreement or by your use of the ImmiAdvisor services. You agree that no joint venture, agency, partnership or employment relationship exists between you and ImmiAdvisor Pty Ltd as a result of this agreement or use of the Website.
15.1 Legal notices must be served to firstname.lastname@example.org or to the email address you provide to ImmiAdvisor during the registration process (in your case). Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid or that the email has not been delivered. Alternatively, we may give you legal notice by mail to the address provided by you during the registration process. In such case, notice will be deemed given three days after the date of mailing.
16. Legal disputes – Governing Law and Jurisdiction
16.1 If a dispute arises between you and ImmiAdvisor, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. We strongly encourage you to first email us at email@example.com to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
16.2 This Website is operated by an Australian entity and this agreement is governed by the laws of New South Wales and the Commonwealth of Australia. You hereby consent to the exclusive jurisdiction and venue of courts in Australia and stipulate to the fairness and convenience of proceedings in such courts for all disputes arising out of or relating to the use of this Website. You agree that all claims you may have against ImmiAdvisor arising from or relating to the Website must be heard and resolved in a court of competent subject matter jurisdiction located in Australia. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph. The foregoing shall not apply to the extent that applicable law in your country of residence requires application of another law and/or jurisdiction and this cannot be excluded by contract.
16.3 Our performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Website within one (1) year from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
16.4 This agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and ImmiAdvisor with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and ImmiAdvisor with respect to this Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
17.1 If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in the agreement shall continue in effect.
17.2 In our sole discretion, we may assign our rights and obligations under this agreement to another entity. Our failure to act on a breach by you or others doesn’t waive our right to act on subsequent or similar breaches.
17.3 The following Sections survive any termination of this agreement: Fees and Services (with respect to fees owed for our services), Release, Content, Liability, Indemnity and Legal Disputes.
18. Modifications and changes to these terms and conditions
18.1 ImmiAdvisor may change, add or delete these terms or any portion thereof from time to time in its sole discretion where it deems it necessary for legal, general regulatory and technical purposes, or due to changes in the services provided or nature or layout of the Website. Thereafter, you expressly agree to be bound by any such amended terms. Except as stated elsewhere, all amended terms will automatically be effective immediately. If you do not accept the changes you should close your account.
18.2 You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you.
18.3 Your continued use of ImmiAdvisor now, or following the posting of any such notice of any changes will indicate acceptance by you of such modifications.
18.4 If the User is involved in a competition or promotion, the User will need to agree to the terms and conditions of that competition or promotion in addition to these terms and conditions.
19.1 If you have any complaints or objections to material or content (including other user messages to you on the Website, offensive conduct and policy violations), or if you believe that material or content posted on this Website infringes a copyright that you hold, please contact us immediately by emailing firstname.lastname@example.org. ImmiAdvisor will make all reasonable endeavours to investigate and remove illegal content within a reasonable time.
© Copyright 2021 ImmiAdvisor Pty Ltd ABN 29 600 778 532
Last updated: 9 April 2021