TERMS & CONDITIONS

Migration Expert Ltd (Migration Expert) provides services subject to the following terms and conditions. The purchase of any services from Migration Expert 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 Migration Expert which allows Clients to enter and update their personal information and access our Service from any computer with internet access.

"Migration Expert" means Migration Expert 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 London, UK.

“Website” means www.migrationexpert.com

Privacy

Please review our Privacy Policy, which also governs your visit to Migration Expert, to understand our practices.

License and Site Access

Migration Expert 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 Migration Expert 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 Migration Expert so long as the link does not portray Migration Expert, 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 Migration Expert, 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 UK and international copyright and trademark laws. The compilation of all content on this site is the exclusive property of Migration Expert and protected by UK and international copyright laws. All software used on this site is the property of Migration Expert or its software suppliers, and is protected by UK 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.

UK Visa Eligibility Assessment

The UK 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 UK 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 the UK.

If you wish to obtain a realistic assessment of your eligibility for migration to the UK, you should complete both the UK Visa Eligibility Assessment and UK 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.

UK Migration Interview

The UK 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.

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.

Migration Expert 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, Migration Expert 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. £100 for 30 days OR
2. £140 for 45 days OR
3. £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 Migration Expert 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 Migration Expert migration service.

If the client has purchased a Telephone Consultation, the contact will be initiated by the relevant Migration Expert 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 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 we have not provided the Services that you have paid for and you have submitted a refund request through the Client Area within 24 hours of payment, your payment will be refunded without any further questions.

Any refund provided will be less 10% of your total payment to cover our administration and banking fees.

Guarantee of Visa and other Fees Payable

We are not part of any 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 or travel to UK. Please note that the final decision on all Visa applications rests with the UK Immigration Authorities.

Any fees paid to Migration Expert are for the provision of 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 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 UK migration legislation and policy. 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.

In order to maintain professional integrity, Migration Expert specialises in providing UK migration advice only. Migration Expert cannot offer any advice regarding taxation, business, education or investment advice. Any information provided by employees of Migration Expert 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, 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 UK law, a person who wishes to operate as a Migration Consultant must be registered with the Office of the Immigration Services Commissioner (OSIC). Migration Expert confirms that its migration consultants are all registered with OSIC.

Disputes

Any dispute related in any way to your visit to Migration Expert 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. Migration Expert 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: