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 accepting these terms and conditions.

DEFINED TERMS
"Client" or "you" or "your" 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.

“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" means Migration Expert Pty Ltd

"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" means 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.

LICENSE AND SITE ACCESS
migrationexpert.com grants you a limited license 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 migrationexpert.com. 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 migrationexpert.com without express written consent. You may not use any meta tags or any other "hidden text" utilising migrationexpert.com's name or trademarks without the express written consent of migrationexpert.com. Any unauthorised use terminates the permission or license granted by migrationexpert.com. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of migrationexpert.com 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 migrationexpert.com 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.

migrationexpert.com 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 migrationexpert.com at any time by selecting the “Remove Your Details” link in the Client Area of our website. migrationexpert.com 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 migrationexpert.com 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 migrationexpert.com 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.

migrationexpert.com 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.

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

AUSTRALIAN VISA ELIGIBILITY ASSESSMENT
The Australian 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 Australian 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 Australia.

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

AUSTRALIAN MIGRATION INTERVIEW
The Australian 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, the Service will be 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.

ELECTRONIC TRAVEL AUTHORITY (ETA)
Upon completing the ETA application form provided on migrationexpert.com, your request for an ETA will be processed within 24 hours. Your ETA grant is subject to approval from the Australian Government. In the event that additional information is required to process your application, we will contact you via the details provided by you in your ETA Visa Application. Please note that if any request for further details is made by migrationexpert.com, your ETA application cannot be processed until the requested information is received.

As advised above, your ETA request is processed within 24 hours. In the event that the request processed on our website establishes that you have an existing ETA, the fee you have paid is non-refundable. In such circumstances, we will issue you with confirmation of your current ETA status and the charge is applied to recover the use of our system resources.

Please DO NOT arrange any travel to Australia until you have received email notification that your ETA request has been approved by the Australian Government. Please note that once the ETA is granted, it will be valid for 12 months from the date of issue and will permit a 3 month stay from the date of each entry.

SHORT TRAVEL VISA APPLICATION GUIDE
This service is provided for applicants who are from non-ETA countries or who are not able to successfully complete the ETA application form. The Short Travel Visa Application Guide will set out the Visitor Visa Requirements as well as providing assistance on how to prepare and lodge your Visitor Visa application with your nearest Australian mission.

This service will be provided to you with 2 days of making a purchase and will also include the Short Travel Guide to Australia.

ONLINE MIGRATION SPECIALIST
Upon purchasing the Advanced Migration Service or the Prospective Migration Service, Clients receive a 30-day complimentary subscription to the Online Migration Specialist. During this subscription period, clients are permitted to submit migration-related questions specific to their profile via the Client Area.

One of our registered Migration Consultants will reply to your query within two (2) working days of receiving the question. In some cases, it may take longer (than the two (2) working days), depending on the nature of the question.

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

• relate to non-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.

In the event that the Client wishes to purchase an additional subscription to the Online Migration Specialist, all requests should be submitted through the Client Area stipulating which of the following options they require:

1. US$100 for 30 days OR
2. US$140 for 45 days OR
3. US$175 for 60 days.

TERMS OF FACE-TO-FACE AND TELEPHONE CONSULTATIONS
The date and time of the client telephone consultation must be booked by the client by selecting the "Telephone Consultation" option in the Client Area or by contacting one of our offices and speaking to a Customer Service Representative.

If the client is not available at the booked consultation time and does not provide at least twenty-four (24) hours notice in advance of cancellation, the pre-paid amount is forfeited. Notice to cancel or reschedule the consultation may be provided either by e-mail or 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 migrationexpert.com agent are not covered by the client telephone consultation fee. If further consultation(s) should be desired and/or required, the client may choose to purchase an additional telephone consultation or another migrationexpert.com migration service.

If the client has purchased a Telephone Consultation, the contact will be initiated by the relevant migrationexpert.com agent who has been assigned to take that consultation. However if the client is utilising the free Telephone Consultation which is part of the Advanced and Prospective Migration Services, they will be 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.

If the client has already paid for the telephone consultation and then opts to cease the engagement for any reason, without providing notice as stipulated above, there will be no entitlement to a refund.

REFUND POLICY
As soon as payment is received, the Client is deemed to have engaged the Service of migrationexpert.com. As such, payments are non-refundable.

GUARANTEE OF VISA
We are not part of the Australian Government. We are a private company and we do not have the authority to grant you a Visa of any kind. We can only assist and advise people who want to migrate to Australia. Please note that the final decision on all Visa applications rests with the Department of Immigration and Citizenship (DIAC).

INFORMATION PROVIDED BY THE CLIENT
migrationexpert.com will use and rely on information provided by the Client in the provision of the Service without having independently verified or assumed 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, 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 can vary 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 Australian migration legislation and policy. migrationexpert.com 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.

In order to maintain professional integrity, migrationexpert.com specialises in providing Australian migration advice only. migrationexpert.com cannot offer any advice regarding 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
migrationexpert.com reserves the right to terminate this agreement, your registration with or ability to have full or partial access to this website and/or any other service provided to you by us for any reason, including any improper use of this site; provision of false or misleading information; or your failure to comply with these terms and conditions.

PROFESSIONAL CONDUCT
Under Australian law, a person who wishes to operate as a Migration Consultant must be registered with the Migration Consultants Registration Authority (MARA). migrationexpert.com confirms that its migration consultants are all registered with MARA which is responsible for administering the Code of Conduct.

The Code of Conduct is intended to regulate the conduct of Migration Consultants. Among the requirements of the Code, is the ability of Agents to demonstrate good character as well as competency in the provision of Australian immigration advice. A copy of the Code of Conduct can be found in Schedule 2 of the Migration Consultants Regulations 1998. To view the Code of Conduct please click here.

REGULATION OF MIGRATION AGENTS
A copy of the Information on the Regulation of the Migration Advice Profession can be found on the migrationexpert.com website. To view the Information on the Regulation of the Migration Advice Profession please click here.

The client acknowledges that they have had access to and the opportunity to read this document in full prior to making any payment to migrationexpert.com.

DISPUTES
Any dispute related in any way to your visit to migrationexpert.com or service you purchase through migrationexpert.com 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, migrationexpert.com, 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 MIGRATIONEXPERT.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS. MIGRATIONEXPERT.COM 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, MIGRATIONEXPERT.COM DISCLAIMS ALL WARRANTIES. MIGRATIONEXPERT.COM DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM MIGRATIONEXPERT.COM 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 migrationexpert.com, its directors, officers, employees, and consultants is limited to the cost of the service migrationexpert.com provides to the Client.

To the greatest extent possible by law, the Client must indemnify and hold harmless migrationexpert.com, 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 migrationexpert.com, 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 migrationexpert.com 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.

migrationexpert.com 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
migrationexpert.com is bound by the Privacy Act 1988 (Cth) (Privacy Act). Accordingly, migrationexpert.com takes reasonable steps to protect personal information (as defined under the Privacy Act) collected by migrationexpert.com from misuse and loss and from unauthorised access, modification or disclosure.

migrationexpert.com 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, migrationexpert.com will disclose the Client's personal information for the following purposes: