August 31, 2016
August 16, 2016
August 10, 2016
Welcome to Migration Expert Pty Ltd (Migration Expert). These Terms and Conditions apply whenever you access the website, regardless of how or where you access the website.
"Client" or "you" or "your" or "their" means the individual visiting this Website
"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 Pty Ltd" or "migrationexpert.com" or "we" or "our" means Migration Expert 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 Visa or Travel Service provided by Migration Expert. 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.au
Licence and Website 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 Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Website 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 Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Migration Expert. You may not frame or utilize 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" utilizing our name or trademarks without our express written consent of. Any unauthorized 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 our Website 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.
All content included on this Website, 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 Website is the exclusive property of Migration Expert and protected by the laws which apply in the countries we operate in and international copyright laws. All software used on this Website is the property of Migration Expert or its software suppliers, and is protected by local and international copyright laws.
Disclaimer of Warranties and Limitation of Liability
THIS WEBSITE 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 WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE 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 WEBSITE, 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 WEBSITE, 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 lawyers 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.
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, sending a message through the Client Area or by posting notices on this Website. If you do not respond to any communication related to the provision of the Service within two (2) working days, we will prepare the Service based on the information previously provided by you.
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.
If you use this Website, 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 email/username and password each time. Since access to your Profile is protected by your email/ username and password, it is very important that you protect your password by making it known ONLY to you. To protect your personal details, we recommend that you do not disclose your password to anyone, including family members and 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.
The Visa Assessment is a free questionnaire which is completed on our Website. It has been specifically designed to provide you with a preliminary assessment of your ability to satisfy the Visa criteria for your selected visa/permit type. You should not rely on this result alone as a true indication of your ability to apply for migration.
If you wish to obtain a realistic assessment of your eligibility for your selected visa, you should complete both the Visa Assessment and Online Interview. Once you have completed these steps, you can elect to engage one of US Migration Lawyers to act on your behalf OR purchase a Service prepared by one of US Migration Lawyers to allow you to self-manage the application process.
The Online Interview is designed to gather additional information about you to assist us in providing you with a personalized Service. It is recommended that you 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.
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 date of birth, qualifications and work history, contact details, 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.
Provision of Service
Upon registering your interest, you are able to purchase a Service offered by us. 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.
Once the Service has been prepared, the Client will be notified and the Service will be made available for download through the Client Area. In the event that the Service documents are not accessed by the Client within two (2) days of preparation, they will be emailed to the account nominated by the Client in the registration process. The Service to be provided to the Client may vary from time to time.
The Service also takes into account current and publicly available 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 US Migration Lawyers 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 our employees on non-migration related matters should only be interpreted as general information and the Client should obtain professional advice regarding these matters.
Types of Services
Migration Expert offers a selection of Services which vary depending on the country a person is seeking to migrate to. A brief introduction to these Service types can be viewed by clicking the appropriate link below. A detailed description of what is included in your Service can be found on the Website.
The Managed Visa Application service from Migration Expert is the most comprehensive visitor visa service provided by us. We will handle your application from start to finish; with the attention to detail that can only be provided by registered Migration Lawyers with an exhaustive knowledge of visitor visa laws.
Upon payment of the Managed Visa Application Service fee OR return of the signed Acceptance Form it will be deemed that you have engaged the services of Migration Expert for the purpose of fully preparing and submitting your visa application to the relevant regulatory and government bodies. The Managed Visa Application Service will be provided in accordance with the Managed Visa Application Service - Terms of Engagement as available in the Client Area.
The Guided Visa Application Service (GVAS)™ from Migration Expert will help you self-manage the various steps involved with the visa application process, providing access to personalised advice and instructions on how to manage the migration process.
Online Support™ Service enables clients to contact a Migration Lawyer for the duration of their subscription to Online Support. During this subscription period, clients are permitted to submit profile or visa-related questions, specific to their profile, via the Client Area.
We endeavor to have one of our service team members or Migration Lawyers 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.
Migration Expert reserves the right not to respond to questions that:
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.
Some of the Services Migration Expert offers include a complimentary Online Support subscription. Complimentary subscription periods begin the first time you download your Guided Visa Application Service (GVAS)™ Service documents or when they are delivered to you by email, whichever occurs first. Complimentary subscription periods also begin once the Professional Consultation is completed.
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 is not reachable at the number provided or 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 Lawyer are not covered by the Professional Consultation Service™ fee. If a further consultation(s) is desired and/or required, the client may choose to purchase an additional telephone consultation or another migration service.
Some services from Migration Expert include a complimentary consultation.
All clients are required to telephone our office at the assigned time. The complimentary Professional Consultation must be utilised within 10 days of provision of the Guided Visa Application Service (GVAS)™ documents.
If the client has already paid for the Professional 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.Professional Conduct
All our senior Migration Consultants are registered with the relevant regulatory body which authorizes them to provide immigration and visa advice in their respective country of specialization. To view the requirements in each respective country, please select your preference below:
Migration Expert Virtual Assistant (MEVA) is a web assistant designed to help web users navigate around our site and find general information with ease. MEVA provides auto-generated responses with links to specific areas that can be found manually on the Migration Expert website.
MEVA is not a substitute for a registered migration consultant or registered migration lawyer and will not provide any migration advice. Migration Expert recognises that only a registered migration consultant or migration lawyer is allowed to provide migration advice.
Under Australian law, a person who wishes to operate as a Migration Consultant must be registered with the Migration Agents Registration Authority (MARA). Migration Expert 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 Consultants 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 Migration Expert 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 Migration Expert.
Under Canadian immigration law, only a Regulated Canadian Immigration Consultant (RCIC) or Lawyer can give immigration advice to help you prepare and submit a visa application. Migration Consultants must be registered with the Immigration Consultants of Canada Regulatory Council (ICCRC). The ICCRC can be reached here.
Regulated Canadian Immigration Consultants (RCIC) must adhere to a strict code of professional conduct and training that ensures that they are highly trained, maintain good business practices and keep their knowledge of immigration law up-to-date.
Migration Expert works with Regulated Canadian Immigration Consultants (RCIC) registered with the Immigration Consultants of Canada Regulatory Council (ICCRC) which is the regulatory body that authorizes Migration Consultants to provide immigration advice for Canada. To learn more about our Regulated Canadian Immigration Consultants please click here.
Code of Conduct
The Registered Canadian Immigration Consultants employed with Migration Expert, are licensed to provide Canadian immigration advice and are therefore subject to the rules governing professional conduct and the ICCRC Code of Professional Ethics.
As noted above, all services performed by Migration Expert are provided by Regulated Canadian Immigration Consultants acting in accordance with the relevant rules. All correspondences and written advice are prepared by immigration consultants on behalf of Migration Expert. In accordance with the ICCRC rules, the Migration Consultant will act on the Client's behalf in fulfilling all of its contractual and legal obligations to the best of its ability. However, the client acknowledges and agrees that the Migration Consultant and Migration Expert cannot guarantee the success of any application.
Under UK law, a person who wishes to operate as a Migration Consultant must be registered with the Office of the Visa Services Commissioner (OSIC). Registered Migration Consultants must adhere to a strict code of professional conduct and training that ensures that they are highly trained, maintain good businesses practices and keep their knowledge of immigration law up-to-date.
Under US law, only an attorney can legally represent you before USCIS (United States Citizenship and Visa Services). The attorney must be eligible to practice in and be a member in good standing of the bar of the highest court of any US state, possession, territory or commonwealth, or the District of Columbia.
US attorneys are regulated by the rules of professional conduct of the State Bar under which they are licensed. The Rules of Professional conduct are adopted to protect the public and to promote respect and confidence in the legal profession. The attorney must not be under any court order restricting his or her practice of law and must be able to present his or her current licensing document which verifies through the respective state bar that he or she is a licensed attorney.
Guarantee of Visa
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 their selected country. Please note that the final decision on all visa applications rests with the relevant government department in each respective country.
Any fees paid to Migration Expert are for the provision of the Service/s listed on our Website. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with our Services using one of our accepted payment methods.
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 Service/s which is/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.
The client agrees that all services fees are deemed earned once paid and subject to the terms of termination outlined in this agreement;
The client agrees that the service fees will be deposited into the Client Account within 14 days of receipt, as applicable;
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. By agreeing to the terms and conditions of the site, you agree that service fees are non-refundable following 72 hours of payment or provision of the service, whichever occurs first.
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).
In the event of a refund of a payment by credit card, funds will be returned to the credit card that was used for your payment. If this card is no longer valid, you will be responsible to make arrangements with your bank or credit provider to have the funds transferred.
Please note that this policy does not apply for the Managed Visa Application Service (MVAS)™, which will be provided in accordance with the Managed Visa Application Service (MVAS)™ - Terms of Engagement as available in the Client Area.
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 Website; the provision of false or misleading information; or your failure to comply with these terms and conditions.
Internal Complaints Procedure
Migration Expert is committed to providing its clients with the highest standard of service. Our complaint handling process is designed to ensure that clients' concerns are treated seriously and addressed promptly and fairly. In many instances, we have found that your lawyer will be able to help resolve your concerns.
All complaints must be submitted in writing using the Client Feedback Form which can be accessed here. All such written complaints will be acknowledged in writing. Upon receipt of the complaint, your Migration Consultant will contact you in the next 3 business days to acknowledge receipt. A detailed review will be conducted and a response provided to the client within 10-15 days. All clients will receive written notification of any investigation undertaken and the resolution achieved.
Our commitment to our clients is genuine.
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 unauthorized 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 authorized by the Privacy Act.
In general, Migration Expert will disclose the Client's personal information for the following purposes:
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.
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.
No person has been authorized 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.
This Website contains links to other sites. Please be aware that we, Migration Expert, are not responsible for the accuracy or the privacy practices of other such sites. We encourage our clients to be aware that when they leave our site, they should read the privacy statements of each and every website that collects identifiable personal information. This privacy statement applies solely to information collected on this Website.