TERMS & CONDITIONS

Migration Expert Pty Ltd ("migrationexpert.com") provides services subject to the following terms and conditions. The purchase of any services from migrationexpert.com is conditional upon the client accepting these terms and conditions.

DEFINED TERMS
"Client" or "you" or "your" or "their" means the individual visiting www.migrationexpert.com

"GST" means any goods and services tax or similar tax imposed by the Commonwealth of Australia under the A New Tax System (Goods and Services Tax) Act 1999.

"GST" may also mean any goods and services tax or similar tax imposed by the government of Canada.

"Client Area" means the secure online system managed by migrationexpert.com which allows Clients to enter and update their personal information and access our Service from any computer with internet access.

"migrationexpert.com" or "we" or "our" means Migration Expert Pty Ltd or any of our subsidiary companies.

"Profile" means the information provided by the Client about the Client and, if applicable, about the Client's family.

"Service" means the Personalised Migration Service provided by migrationexpert.com. A detailed description of what is included in your Service can be found at www.migrationexpert.com.

"Terms" mean these terms and conditions.

"Working Day" means a day on which banks are open for business in Melbourne, Australia.

"Website" means www.migrationexpert.com

PRIVACY
Please review our Privacy Policy, which also governs your visit to migrationexpert.com, to understand our practices.

LICENCE AND SITE ACCESS
Migration Expert grants you a limited licence to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Migration Expert. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of migrationexpert.com. You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Migration Expert without express written consent. You may not use any meta tags or any other "hidden text" utilising Migration Expert's name or trademarks without the express written consent of migrationexpert.com. Any unauthorised use terminates the permission or license granted by Migration Expert. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Migration Expert so long as the link does not portray migrationexpert.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Migration Expert logo or other proprietary graphic or trademark as part of the link without express written permission.

ELECTRONIC COMMUNICATIONS
When you visit migrationexpert.com, send e-mails to us or by communicating via the Client Area, you consent to communicating with us electronically and agree that all such communications (including agreements, notices, disclosure, etc.) satisfy all legal requirements to be in writing.

We will communicate with you by e-mail or by posting notices on this site. If the Client does not respond to any communication related to the provision of the Service within two (2) working days, such failure will be deemed as the Client's express consent to prepare the Service based on the information previously provided by the Client.

Migration Expert reserves the right not to respond to any query which is not sent through the Client Area.

You can elect to discontinue all future correspondence from Migration Expert at any time by selecting the "Remove Your Details" link in the Client Area of our website. Migration Expert will not be responsible for any loss of data or immigration advice resulting from the Client selecting to unsubscribe their details.

COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Migration Expert or its content suppliers, and is protected by Australian and international copyright and trademark laws. The compilation of all content on this site is the exclusive property of migrationexpert.com and protected by Australian and international copyright laws. All software used on this site is the property of Migration Expert or its software suppliers, and is protected by Australian and international copyright laws.

YOUR PROFILE
If you use this site, you are responsible for maintaining the confidentiality of your Profile and password, and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your Profile or password.

When accessing the Client Area, you are required to enter your username and password each time. Since access to your Profile is protected by your username and password, it is very important that you protect your password by making it known ONLY to you. To ensure you are the only person that knows your personal access information, all access to your login information should not be written down or accessible to other persons, even if you believe it is disguised. Do not disclose your password to anyone, including family members or friends.

Migration Expert will not be held responsible for any access gained by third parties to your personal Profile, whether the login details were provided by you or were otherwise obtained.

Migration Expert does not sell any of its service to children, but it sells them to adults, who can purchase with a credit card. Migration Expert reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion.

NEW ZEALAND VISA ELIGIBILITY ASSESSMENT
The New Zealand Visa Eligibility Assessment is a free questionnaire completed on www.migrationexpert.com, which has been specifically designed to provide you with a preliminary assessment of your ability to satisfy the New Zealand Visa criteria for your selected Visa type. You should not rely on this result alone as a true indication of your ability to apply for migration to New Zealand.

If you wish to obtain a realistic assessment of your eligibility for migration to New Zealand, you should complete both the New Zealand Visa Eligibility Assessment and New Zealand Migration Interview. Once you have completed these steps, you can purchase a Service in order to enable one of our Migration Consultants to prepare a detailed report.

NEW ZEALAND MIGRATION INTERVIEW
The New Zealand Migration Interview is designed to gather additional information about you to assist us in providing you with a personalised Service. As these questions may not be exhaustive, Clients are advised to use the "Your Comments" section of the Interview to set out further information which may be relevant. Matters of a non-migration nature (such as housing, employment opportunities, etc.) will be disregarded.

PROVISION OF SERVICE
Upon registering your interest and by completing the Eligibility Assessment, you are able to purchase a Service offered by migrationexpert.com. Upon payment, we will endeavour to have the Service delivered to you within the time frame provided for in the Service description. However, in certain cases this may take longer, depending on the complexity of the Client's Profile.

The Service to be provided to the Client may vary from time to time.

ONLINE MIGRATION SPECIALIST
The Online Migration Specialist (OMS) Service enables clients to contact a Migration Consultant for the period of time they have a subscription to the OMS Service. During this subscription period, clients are permitted to submit migration-related questions, specific to their profile, via the Client Area.

We endeavour to have one of our Migration Consultants reply to your query within two (2) working days of receiving the question. In some cases, however, it may take longer than the two (2) working days. This will depend on the nature of the question.

Migrationexpert.com reserves the right not to respond to questions that:

• do not relate to migration matters; or
• are not submitted in English; or
• are not related to the Client's Profile; or
• are not appropriate.

If multiple questions are submitted in one session, migrationexpert.com reserves the right to request that the Client resubmit the questions separately, or to limit the amount of questions asked in a 24-hour period.

Some of the Services Migration Expert offers include a complimentary OMS subscription. Complimentary subscription periods begin the first time you download your migration service documents, or when they are delivered to you by email (whichever occurs first).

Subscriptions and subscription extensions for the OMS can be purchased for a fee.

TERMS OF FACE-TO-FACE AND TELEPHONE CONSULTATIONS
The client must book the date and time of the consultation by selecting the "Book Consultation" option in the Client Area or by contacting one of our offices and speaking to a Client Services Consultant.

Any pre-paid fee will be forfeited if the client does not contact our office at the booked consultation time and does not provide at least twenty-four (24) hours notice of cancellation. If you need to cancel or reschedule the consultation, you can provide notice either through the Client Area of the website, or by telephone within the 24 hour period specified.

As the client telephone consultation is a one-time exclusive engagement, no further advice will be provided at its conclusion. Any further consultations, either by telephone or e-mail, with a Migration Consultant are not covered by the client telephone consultation fee. If a further consultation(s) is desired and/or required, the client may choose to purchase an additional telephone consultation or another migrationexpert.com migration service.

All clients are required to telephone our office at the assigned time. The free Telephone Consultation must be utilised within 30 days of downloading the Advanced or Prospective Migration Services.

Some services provided by Migration Expert include a complimentary consultation.

For both purchased and complimentary telephone consultations, it is the client’s responsibility to contact our office at the assigned time. Complimentary Consultations must be used within 30 days of the client downloading their service documents from the Client Area of the Migration Expert website for the first time, or receiving their documents via email (whichever occurs first).

The client will forfeit any fee already paid for the telephone consultation (and not be entitled to a refund) if the client is unavailable at the time of their booked Consultation and they have failed to provide Migration Expert with the required 24 hours notice that they wish to cancel or reschedule the Consultation.

REFUND POLICY

As soon as payment is received, the Client is deemed to have engaged the Services of Migration Expert. Our Service is our professional advice and expertise. Once the Service has been provided to you, it cannot be returned, whether or not you have changed your mind or you no longer wish to utilise it.

If you submit a written refund request through the Client Area within 8 hours of payment, you may be entitled to a refund if the Service has not yet been provided to you and/or work has not commenced on your profile.

All refunds remain strictly at the discretion of management and will be less a banking and administration fee of US$29 or 15% of your initial payment (whichever is greater).

Please note that this policy does not apply for the Premium Migration Service, which will be provided in accordance with the Premium Migration Service - Terms of Engagement as available in the Client Area.

Migration Expert is a private company and is not part of any government. We do not have the authority to grant you a visa (or permit) of any kind. We can only assist and advise people who want to migrate or travel to New Zealand. Please note that the final decision on all Visa and Permit applications rests with Immigration New Zealand (INZ).

Any fees paid to Migration Expert are for the provision of the Services listed on our website. Our fees do NOT include other costs which are part of the migration process such as government lodging fees, medical and police checks, translation of documents etc. As part of the Services which are provided to you, an approximate indication of the fees which form part of the process will be set out for you, together with clarification as to when these costs are due.

INFORMATION PROVIDED BY THE CLIENT
Migration Expert will use and rely on information provided by the Client in the provision of the Service. Migration Expert will not independently verify or assume responsibility for the accuracy or completeness of such information. Accordingly, the information provided by the Client must be correct, including contact details such as e-mail addresses, etc. If the information provided by the Client is not correct, the Service may not be accurate.

Any advice provided to you should not be used by any third party as each case varies depending on the particular circumstances of the applicant and the applicant's family. Such action will result in an immediate breach of our Copyright terms as set out above.

The Service also takes into account current and publicly available New Zealand immigration legislation and policies. Migration Expert cannot be held responsible for any inaccuracy arising from changes to such legislation and policy which are not publicly available at the time the Service is provided or which may occur after the Service has been provided to the Client.

The Client is encouraged to seek additional guidance from one of our Migration Consultants and/or make independent enquiries before relying on the information provided as part of the Service.

Migration Expert cannot offer taxation, business, education or investment advice. Any information provided by employees of migrationexpert.com on non-migration related matters should only be interpreted as general information and the Client should obtain professional advice regarding these matters.

TERMINATION OF SERVICE
Migration Expert reserves the right to terminate this agreement at any time. Termination includes cancelling your registration with or ability to have full or partial access to this website and/or any other service provided to you by us. Migration Expert reserves the right to terminate this agreement for any reason, including any improper use of this site; the provision of false or misleading information; or your failure to comply with these terms and conditions.

REGULATION OF IMMIGRATION ADVISERS OR MIGRATION CONSULTANTS
The law governing people providing New Zealand immigration advice is undergoing change. From 4 May 2009, people giving immigration advice in New Zealand must either be exempt from licensing requirements (ie a lawyer) or be licensed by the Immigration Advisers Authority (“the Authority”). People giving advice on New Zealand Immigration matters from outside New Zealand must have a licence by 4 May 2010. Our Migration Consultants will comply with these requirements.

DISPUTES
Any dispute related in any way to your visit to migrationexpert.com or service you purchase through Migration Expert shall be submitted to confidential arbitration in Melbourne, Australia.

Arbitration under this agreement shall be conducted in accordance with the procedure adopted by the Australian Centre for International Commercial Arbitration (ACICA). The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

In the event that you have in any manner violated or threatened to violate migrationexpert.com's intellectual property rights, Migration Expert may seek injunctive or other appropriate relief in any state or federal court in the state of Victoria, Australia and you consent to exclusive jurisdiction and venue in such courts.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY MIGRATION EXPERT ON AN "AS IS" AND "AS AVAILABLE" BASIS. MIGRATION EXPERT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MIGRATION EXPERT DISCLAIMS ALL WARRANTIES. MIGRATION EXPERT DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM MIGRATION EXPERT ARE FREE OF ERROR, VIRUSES OR OTHER HARMFUL COMPONENTS. MIGRATIONEXPERT.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

To the extent that liability cannot be excluded, the liability of Migration Expert, its directors, officers, employees, and consultants is limited to the cost of the service Migration Expert provides to the Client.

To the greatest extent possible by law, the Client must indemnify and hold harmless Migration Expert, its officers, employees, agents and related companies (Indemnified Persons) against all Liabilities (including legal costs on a full indemnity basis) incurred by the Indemnified Person in connection with the provision of the Service by Migration Expert, except the Liability arising from the negligence or default of any of the Indemnified Persons.

GOVERNING LAW
The agreement Terms shall be governed by the laws of Victoria, Australia. The Courts of Victoria shall have exclusive jurisdiction to settle any disputes (including claims of set-off and counterclaims) in connection with this Agreement.

GENERAL
No person has been authorised to give any representations on behalf of Migration Expert in regards to the subject matter or the terms of these Terms.

Headings in these Terms are for convenience only and do not affect the interpretation of these Terms.

Migration Expert may vary any of these Terms and any other information relating to the Service at any time, and your subsequent use of the website will be governed by the varied Terms.

In the event that any of the provisions of these Terms are or shall become invalid, illegal or unenforceable, the remainder shall survive unaffected.

PRIVACY AND RELEASE OF INFORMATION
Migration Expert is bound by the Privacy Act 1988 (Cth) (Privacy Act). Accordingly, Migration Expert takes reasonable steps to protect personal information (as defined under the Privacy Act) collected by Migration Expert from misuse and loss and from unauthorised access, modification or disclosure.

Migration Expert may use and disclose the Client's (and if applicable, the Client's family's) personal information for the primary purpose for which it is collected, for reasonably expected secondary purposes which are related to the primary purpose and in other circumstances authorised by the Privacy Act.

In general, Migration Expert will disclose the Client's personal information for the following purposes:

to help us manage and improve our services.

Subject to the exceptions set out in the Privacy Act, the Client may gain access to the personal information which Migration Expert holds about them by sending a message via the Client Area. A fee may be charged for providing access and Migration Expert will advise the Client of the likely cost in advance.

Due to privacy laws, we are unable to discuss your personal details with any third party enquiring on your behalf (including family) unless you provide your written consent authorising us to do so.

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