Terms of Use

TERMS OF USE

Read These Terms of Use Carefully!

These Terms and Conditions of Use (otherwise known as “Terms of Use”) apply to your use of www.australiaimmigrationagency.ca and registration with the Australia Immigration Agency (“The Website”), including access to and use of its Offered Services, Products and Software. In using this Website, you agree to be bound by these Terms and Conditions of Use. If you do not accept these Terms and Conditions of Use, you must refrain from using the Website.

PLEASE READ THESE TERMS OF USE CAREFULLY PRIOR TO ACCESSING, BROWSING OR IN ANY OTHER WAY USING THE AUSTRALIA IMMIGRATION AGENCY WEBSITE (WWW.australiaimmigrationagency.ca) OR ITS OFFERED SERVICES AND PRODUCTS. BY USING THE AUSTRALIA IMMIGRATION AGENCY WEBSITE, OFFERED SERVICES OR PRODUCTS, YOU ACCEPT AND AGREE TO ALL OF THESE TERMS AND CONDITIONS OF USE, INCLUDING ALL OF THE TERMS OF USE EXPRESSLY DISCUSSED BELOW AS WELL AS ALL OF THOSE INCORPORATED BY REFERENCE, WITHOUT QUALIFICATION OR LIMITATION. IF YOU DO NOT UNCONDITIONALLY ACCEPT AND AGREE TO ALL OF THESE TERMS OF USE, DO NOT USE THE WEBSITE, OR THE AUSTRALIA IMMIGRATION AGENCY OFFERED SERVICES OR PRODUCTS.

The Australia Immigration Agency (www.australiaimmigrationagency.ca) retains the right to delete, add or otherwise modify parts of these Terms of Use, at any time and without prior notice at its sole discretion. It is your responsibility to occasionally review our Terms of Use for any changes that may have been updated. By continuing to use the Australia Immigration Agency (www.australiaimmigrationagency.ca) Website, it is assumed that you have read, agreed to and accepted any updates that may have been made to the Terms of Use.

It should be noted that when you read the Australia Immigration Agency (www.australiaimmigrationagency.ca) Terms of Use, it is also your responsibility to access and read the information contained in other webpages and websites that are referenced in the Terms of Use, because they make up part of the Terms of Use and include further terms and conditions and additional details which apply to you as a user of the Australia Immigration Agency’s Websites or Offered Services and Products. You should be aware that any phrases or words that are underlined in the Terms of Use are hyperlinks which can be ‘clicked’ to go to these webpages and websites that were aforementioned.

The use of the Australia Immigration Agency’s Websites and Offered Services and Products, whether related to the Australia Immigration Agency’s Website, or otherwise, including without limitation, any data or information contained in or provided by the Australia Immigration Agency’s Websites or Offered Services and Products, is governed by the Terms of Use.

Prior to reading the sections below, you should note the following preliminary terms that make up an indivisible part of the Terms and Conditions of Use, and that utilize some of the definitions provided below in the Terminology section.

As utilized in the Australia Immigration Agency Terms and Conditions of Use, the expressions weus and our are a reference to the Australia Immigration Agency, while the terms you, your or user are synonymous and used interchangeably to make reference to the individual using in any way the Australia Immigration Agency Website (www.australiaimmigrationagency.ca), Offered Services, Products and/or Software.

By visiting or utilizing any of the Australia Immigration Agency’s (www.australiaimmigrationagency.ca) Websites or Offered Services and Products, you acknowledge and agree that you are entering into a legally binding contract that shall govern any use of the Australia Immigration Agency’s Websites or Offered Services and Products by you or any third party on your behalf. In addition, you hereby agree to the use of electronic communication so as to facilitate placing orders, entering into contracts, and delivering or acceptance of notices, policies and records of transactions initiated or completed through the Australia Immigration Agency’s Websites or Offered Services and Products. Additionally, you hereby waive any requirements or rights under any regulations or laws in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted according to any mandatory law that may apply.

Should a situation arise in which there is any limitation under any applicable law that limits or prevents your ability to be bound by the Terms of Use or any part thereof, you may not visit or utilize any of the Australia Immigration Agency’s Websites or Offered Services and Products. You declare explicitly by visiting or utilizing any of the Australia Immigration Agency’s Websites or Offered Products that you are in total compliance with any applicable law, including without limitation, any applicable law concerning limitation applied on your ability to visit or use any of the Australia Immigration Agency’s Websites or Offered Services and Products or to enter into agreements because of your age or due to any other limitation related to your visit or use of any of the Australia Immigration Agency’s Websites or Offered Services and Products. You have to be at least 18-years-old in order to utilize any of the Australia Immigration Agency’s Websites, Offered Services and Products.

Important Note

When you visit or use any of the Australia Immigration Agency’s Websites or Offered Services and Products, you are aware and acknowledge that the Australia Immigration Agency (www.australiaimmigrationagency.ca) is a private company and is not and does not pretend to be, an agency of the Australian Government or otherwise connected in any way whatsoever to the Government of Australia. The Australia Immigration Agency is not part of the Australian Government or immigration authorities, or a law firm. In this respect, the Australia Immigration Agency does not intend to give nor does it claim to provide legal advice or solutions regarding a person’s particular problems.

Furthermore, you should be aware that the Government of Australia has the authority to modify or cancel the various Australian visa and/or immigration Programs presented in the Website at any time, and upon the approval of Australia’s governmental or legislative bodies. The Australia Immigration Agency and the Website shall not be held responsible in case the Australian Government (or one of its Agencies) suspends, prohibits, cancels or otherwise prevents (the “Prevention Announcement”) the various Australian visa and/or immigration Programs or the Offered Benefits, Services or Products, for any reason, and will not provide refund for payments that were made prior to any such Prevention Announcement.

Terminology

These capitalized definitions contained in this section are utilized (singular and also plural) in the Terms of Use.

Terms and Conditions of Use or Terms of Use or User Agreement means this document as may be periodically renewed, amended and/or changed.

Intellectual Property means any and all intellectual property rights, including without limitation, intangible legal rights, titles and interests, evidenced by or embodied in: (i) any work of authorship, regardless of copyright ability, copyrightable works and all copyrights; (ii) any invention (whether patentable or un-patentable and whether or not reduced to practice), all improvements thereto, and all patent, patent applications and patent disclosures; (iii) all trade secrets and confidential information; and (vi) any other similar rights, in each case on a worldwide basis.

Australia Immigration Agency’s Websites or Website or Site means any and all contents, elements and the ‘look and feel’ of the Website available under the domain www.australiaimmigrationagency.ca as well as all related Websites owned, operated or controlled by the Australia Immigration Agency.

Australia Immigration Agency’s Offered Services and Products or Offered Services and Products means the use of any of the Australia Immigration Agency’s Services, Products and Software, if applicable, and related Services available via any of the Australia Immigration Agency’s Websites, whether they are defined as Paid Products, as defined herein, or any other Products provided by the Australia Immigration Agency.

Australia Immigration Agency’s Software or Software means the Australia Immigration Agency’s web-based proprietary software.

Australia Immigration Agency, AustraliaImmigrationAgency, and www.australiaimmigrationagency.ca mean the AUSTRALIA IMMIGRATION AGENCY and/or any of its owners, officers, directors, employees, agents, representatives, subsidiaries, divisions, affiliates, or licensors. The Australia Immigration Agency Website (www.australiaimmigrationagency.ca) is owned by NLBL Online Services Limited, 1212-1175 Douglas Street, Victoria, British Columbia V8W2E1 CANADA.

Limited Access for Personal Use

You are granted by the Australia Immigration Agency a limited license to access and make personal use of the Australia Immigration Agency’s Websites and Offered Services and Products and not to download (other than page caching) or modify it, or any portion of it. This license does not include any commercial use or resale of any of the Australia Immigration Agency’s Websites or Offered Services and Products or its contents; any derivative use of any of the Australia Immigration Agency’s Websites or Offered Services and Products or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. Any of the Australia Immigration Agency’s Websites or Offered Services and Products or any portion thereof may not be copied, duplicated, reproduced, sold, resold, visited, or otherwise exploited for any commercial purpose. You may not frame or use framing techniques to enclose any logo, trademark, or other proprietary information (including text, images, page layout, or form) of any of the Australia Immigration Agency’s Websites or Offered Services and Products or any part thereof. You are prohibited from utilizing any Meta tags or any other “hidden text” using the Australia Immigration Agency’s name or trademarks. You may not use any Australia Immigration Agency logo or other proprietary graphic or trademark, including without limitation, as part of a link, without the Australia Immigration Agency’s express written permission. You shall not attempt to access any other of the Australia Immigration Agency’s systems, programs or data that are not made available for public use. You are given a nonexclusive, limited and revocable right to create a hyperlink to the Australia Immigration Agency’s Website so long as the link does not portray the Australia Immigration Agency (www.australiaimmigrationagency.ca) or any of its Services and Products, including without limitation, the Australia Immigration Agency’s Offered Services or Products or Software or Websites, in a misleading, false, derogatory, or otherwise offensive manner.

Proprietary Information

The information on the Australia Immigration Agency’s Websites is protected by copyright: Copyright © 2020 Australia Immigration Agency. All Rights Reserved.

Consequently, any of the Australia Immigration Agency’s Websites and any of the Australia Immigration Agency’s Offered Services and Products, and any part thereof, including without limitation logos, names, text graphics, texts, images, videos, sounds, buttons, icons, ‘look and feel’, source code and any and all Intellectual Property, embodied in the same, including, copyrights, trademarks, patents, titles, or other proprietary information and/or any algorithms, techniques, methods or processes contained in such, in any form, in part or in whole, including without limitation, any component, extraction, modification, or development thereof made by the Australia Immigration Agency or you or any third party, constitute proprietary information and trade secrets of the Australia Immigration Agency and Intellectual Property, and are protected as such by this Terms of Use or by any applicable law. You are prohibited from authorizing, permitting, causing or undertaking the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of any of the Australia Immigration Agency’s Websites or Offered Services, Products or Software or any part thereof. Furthermore, you shall not make any use of the aforementioned Australia Immigration Agency proprietary information and nothing in the Terms of Use shall be construed as giving you any license or approval to do so.

Lawful Use

You hereby acknowledge and agree to utilize any of the Australia Immigration Agency’s Websites or Offered Services, Products or Software only for lawful purposes. In this regard, you may not, without limitation (a) intercept or monitor, damage or modify any communication which is not intended for you, (b) use any type of virus, worm, Trojan-horse, spider, time bomb or any other instructions or codes that are designed to damage, distort, delete or disassemble any of the Australia Immigration Agency’s Websites or Offered Services, Products or Software or communication, (c) send any unsolicited commercial communication not allowed by applicable law, or (d) expose any other user to material which is unlawful, offensive, indecent, profane, obscene, vulgar, harmful to minors, harassing, threatening, abusive, defamatory, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would violate the rights of others, constitute a criminal offense or otherwise violate any applicable local, state, national or international law or is objectionable in any other way. You also declare that the source of funds used by you to utilize the Offered Services, Products and/or Software used through the Website is not illegal and that you will not use the Offered Services, Products and/or the Software and/or the Websites in any way as a money transfer system. You will not use the Offered Services, Products and/or the Software and/or the Websites for any fraudulent or unlawful activity or prohibited transaction (including money laundering) under any law. You will be responsible for, and indemnify and hold harmless the Australia Immigration Agency against any claim arising from any material that you transmit or post.

Protection of Information

In order to protect the personal information provided by users, the Australia Immigration Agency and the Website utilize multiple layers of security precautions. For example, when sensitive information is submitted by users via the Website, their details are protected online as well as off-line. The Website operates according to the official PCI security standards and when users are on a secure webpage, such as the payment response form, the lock icon at the bottom of Web browser will be locked. Furthermore, if users are asked to enter sensitive information (e.g., credit card details), this information is protected using the Secured Socket Layer (SSL) encryption software. Although the Australia Immigration Agency and the Website have taken several significant measures to protect the security of information submitted in using the Offered Services, Products and Software, the Australia Immigration Agency and the Website cannot guarantee the security of information collected during your use of the Offered Services, Products and Software and shall not be liable in any way if your data is compromised. Please do not register if you object to your personal information being treated or transferred in this manner

Privacy Policy

Any material or communication that you transmit or post on or by any of the Australia Immigration Agency’s Websites or through the use of the Offered Services, Products and/or Software shall be treated as non-proprietary and non-confidential, subject to the terms and conditions of the Privacy Policy. You accept total responsibility for everything you transmit or post. Please do not use any of the Australia Immigration Agency’s Websites or Offered Services and Products if you do not want your information being utilized or transferred in this manner.

Proprietary or Confidential Information

The Australia Immigration Agency does not want to receive proprietary or confidential information from you through the Website, except for credit card numbers and other personal details that you are required to fill in on the forms as part of the use of the Offered Services, Products and/or Software. Any non-personal information or material sent to the Australia Immigration Agency will be deemed NOT to be confidential. By sending the Australia Immigration Agency any non-personal information or material, you grant the Australia Immigration Agency an unrestricted, irrevocable license to use, display, perform, reproduce, modify, distribute and transmit those materials or information, and you also agree that the Australia Immigration Agency is free to use for any purpose any concepts, ideas, know-how or techniques that you send us.

Advertisements & Promotional Materials

When you register, you explicitly give the Australia Immigration Agency your permission to send by telephone, facsimile (FAX), the Internet or any other method of communications, commercial advertisements and/or promotional materials of any type and kind at its sole discretion, including its own as well as from a third party, notwithstanding the Proprietary or Confidential Information section above. Please note that you may inform the Australia Immigration Agency should you no longer want to receive such advertisements or materials.

Location Identification

There is a global standard for the Internet in which IP addresses are assigned according to countries or certain regions. When you register, the Australia Immigration Agency may use such IP assignment to identify the country or region you are connecting from and/or calling from, but this takes place without personally identifying you. Your use of any of the Australia Immigration Agency’s Websites or Offered Services and Products must be made from the location where you have registered from. You are prohibited from causing through any method the Australia Immigration Agency to incorrectly identify the location from which you are registering (including without limitation by using a proxy or any other service or software). You agree and acknowledge that you shall be held completely responsible if you cause the Australia Immigration Agency to be in non-compliance with or in violation of any applicable law because you did not comply with the aforementioned terms.

Authorized Representatives

The user acknowledges that the Australia Immigration Agency may, at its sole discretion, grant limited access to its Websites and/or servers to third party Australian immigration practitioners who are authorized representatives under Australian law for the purpose of providing Australian immigration services for a fee. The granting of such access to the Australia Immigration Agency Websites and/or servers does not establish a consultant-client or an attorney-client relationship between the user and the authorized representatives. The user acknowledges and consents to access by the authorized representatives and individuals appointed by them, to personal information and documents uploaded by the user to the Australia Immigration Agency Websites and/or servers. The authorized representatives, under agreement with the Australia Immigration Agency, may evaluate the qualifications of the user for an Australian immigration visa. Such evaluations are performed on the server-end and are done on an as-is basis. These preliminary eligibility evaluations do not constitute personal immigration advice and do not guarantee the issuance of an immigration visa or other document to the user.

MARA-Registered Migration Agent

The Australia Immigration Agency sub-contracts the services of a certified Australia Legal Practitioner, Michael Kadoury, who is an immigration lawyer authorized to engage in legal practice in Australia and is also a MARA Agent registered (MARN #1385159) in good standing with Australia’s Migration Agents Registration Authority (MARA). He is able to assess your eligibility for Australian immigration and let you know whether you are likely to qualify for a specific visa to Australia. If you are evaluated by our Australia Immigration Agency team as likely to meet the eligibility criteria for a visa to Australia, you and your family can also benefit from their expert guidance step-by-step throughout the Australian immigration procedure. The Australian immigration lawyer that the Australia Immigration Agency sub-contracts, working in close collaboration with our experienced administrative support team, can explain exactly what needs to be done during each stage of the process; make sure that your forms are correctly completed and submitted to Australia’s government with all of the necessary documents; plus answer questions you and your family may have about the Australian immigration procedure.

Payments & Paid Products

The payment of all fees or other charges to the Australia Immigration Agency must be done using a valid credit card or debit card and/or other type of authorized payment as specified on the Website (henceforth referred to as “Paid Products”). You agree and acknowledge that the Australia Immigration Agency is a private company and that any payment you make is intended to cover the time and costs of the Australia Immigration Agency related to the handling, storage and processing of your details and documents. These Paid Products are designated on the Australia Immigration Agency’s Website. Furthermore, you agree and acknowledge that the Australia Immigration Agency has the right, at its sole discretion and without prior notification, to condition the use by all users, a group or users or you in particular, of any part or all of its Websites or Offered Services and Products, to include payments, to exclude payments, to change or otherwise modify such Paid Products, to turn unpaid products or Websites (or any part thereof) into Paid Products, and vice versa. Any and all terms and conditions in the Terms of Use, including without limitation, any limitations or disclaimers of liability or of warranty, shall apply to the Paid Products, unless explicitly stated to the contrary in the Terms of Use or in any other terms and conditions that you are made aware of prior to such payments. Subject to the terms and conditions of the Terms of Use including, without limitation, the payment of the fee, a user can utilize the Software to check potential eligibility for the different options suggested for immigration to Australia. The Offered Services and Products and/or Software may be utilized only for their intended purpose, and may not be used to prepare on a professional basis immigration forms, letters, or supporting documents.

Financial Transactions

The full responsibility to pay all amounts owed to the Australia Immigration Agency belongs to the user of the Offered Services, Products and/or Software. The Australia Immigration Agency retains the right to use third party financial institutions and/or electronic payment processors to process payments that you make related to your use of the Offered Services, Products and/or Software. The Australia Immigration Agency retains the right to conduct credit checks on all users with third party credit agencies, based on information provided to us on the application or by you in any other way. Furthermore, the Australia Immigration Agency may, at its sole discretion, cease to provide the Offered Services, Products and/or Software to specific users or to users paying with particular credit cards or debit cards. If any problem regarding any issue occurs, including financial reimbursement, please do not hesitate to contact our Customer Service Department. In a case of solving the problem unilaterally by the customer through cancellation of a transaction by the bank, the Australia Immigration Agency reserves the right to contact the bank and submit a re-presentment letter in order to claim the funds back.
The Australia Immigration Agency retains the right to block a user’s account and to reverse any refund that may have been issued if a fraudulent payment and/or suspected fraudulent payment occurs, including the use of stolen credit cards or debit cards, or any other fraudulent activity (including any charge-back or other reversal of a payment). The Australia Immigration Agency shall be entitled to inform any relevant authorities or entities (including credit reference agencies) of any payment fraud or other unlawful activity, and retains the right to recover payments using collection services.

Login Details

Only you are allowed to use your Australia Immigration Agency client user identification (ID) number (i.e., “USERNAME”) and password to login to your online application. Furthermore, you are personally responsible for the use of any of the Australia Immigration Agency’s Websites or Offered Services and Products made under your user ID number, as well as for keeping your user ID number and password confidential. You are not authorized to permit any other individual(s) to have access to or utilize your user ID number or password. For security reasons, unless noted otherwise, the Australia Immigration Agency shall not disclose your user identification number (i.e., “USERNAME”) or password if you forget it or lose it other than by sending it to your email address which you provided when you registered with the Australia Immigration Agency.

Updates and Modifications

The Australia Immigration Agency maintains the right to update, modify or discontinue any feature or aspect of any of the Australia Immigration Agency’s Websites, Offered Services, Products and/or Software, including but not limited to its availability, pricing, content or functionality, at any time and for any reason at its sole discretion. Furthermore, the Australia Immigration Agency maintains the right, without derogating from what was stated above, and at its sole discretion, to add additional functions or features, or to change or subtract such, or to provide programming fixes, updates or upgrades, to any of the Australia Immigration Agency’s Websites, Offered Services, Products and/or Software. You agree and acknowledge that the Australia Immigration Agency is under no obligation to provide you with any previous or subsequent versions of any of the Australia Immigration Agency’s Websites, Offered Services, Products and/or Software.

No Warranties

The Australia Immigration Agency does not guarantee that you will always be able to communicate without communication-related flaws, disruptions or delays, and does not guarantee that all of your communications shall always be delivered. Additionally, the Australia Immigration Agency’s Websites and Offered Products may include a pre-release ‘beta’ version of its Websites and Offered Services or Products which may have inaccuracies or errors or be incomplete and that might cause loss of data or other failures. There is no guarantee that you will always be able to communicate by utilizing any of the Australia Immigration Agency’s Websites or Offered Services, Products or Software.
Consequently, the Australia Immigration Agency shall not be liable for any such communication-related flaws, disruptions or delays experienced when utilizing the Websites, Offered Services or Products or Software, even if such was incurred by or due to the Australia Immigration Agency. You should also be aware that the Australia Immigration Agency may, at its sole discretion and without prior notice, suspend any of the Australia Immigration Agency’s Websites or Software or Offered Services or Products, including Paid Products, or any parts thereof, for maintenance, updates or for any other reason, or may terminate any such Websites or Offered Services or Products or Software. The Australia Immigration Agency shall not be responsible or liable in connection with or respect to any such suspension or termination that may occur. Furthermore, the Australia Immigration Agency shall not be held responsible or liable for any malfunctions or disturbances that any of the Australia Immigration Agency’s Websites or Offered Services, Products or Software might cause to any other software or application, or to any computer hardware system or any part thereof, including any data or other information.

No Responsibility of Content

The Australia Immigration Agency and any of its owners, officers, directors, employees, agents, representatives, subsidiaries, divisions, affiliates, licensors or suppliers make no warranties or representations of any kind, expressed or implied, as to the operation of any of the Australia Immigration Agency’s Websites or Offered Services, Products or Software or the content, materials, information, products or services included on or otherwise made available to you through such Websites or Offered Services and Products. The Websites and Offered Services and Products of the Australia Immigration Agency and all content, materials, information, products and services included on or otherwise made available to you through any of the Australia Immigration Agency’s Websites or Offered Services and Products are provided on an “as is” basis.

You understand and acknowledge, without derogating from the aforementioned, that the content of the communication distributed by the use of any of the Australia Immigration Agency’s Websites or Offered Services, Products or Software is completely the responsibility of the person or entity from whom such content originated. Additionally, the Australia Immigration Agency’s Websites or Offered Services and Products may contain links to other websites and you agree and acknowledge that the content of such is completely the responsibility of its respective authors. Thus, you might be exposed to content that is offensive, indecent, harmful to minors or otherwise objectionable and your linking to such websites is at your own risk and you agree and acknowledge that the Australia Immigration Agency shall not be liable for any type of communication distributed by means of any of the Australia Immigration Agency’s Websites or Offered Services and Products.

Any material or communication that you transmit or post in connection with your utilization of the Offered Services or Products will be treated as non-proprietary and non-confidential, subject to the terms and conditions of the Privacy Statement. You accept complete responsibility for anything you transmit or post, and you grant the Australia Immigration Agency the right to copy, edit, distribute and publish any information or content you transmit or post for any reason, including but not limited to registration for the Australian visa program. Please do not register if you object to your information being used in this way.

The Offered Services and Products and the Website may include chat rooms, bulletin boards and other user and member created webpages which allow you and other users and members to post information, provide feedback to the Australia Immigration Agency, and interact in real-time. You acknowledge that the Australia Immigration Agency and its affiliates do not control the information available on the chat rooms, bulletin boards and other user and member generated webpages and that any opinions, statements, advice, services, offers or other information or content presented or disseminated on any chat room, bulletin board or on any other user or member generated webpages are those of their respective authors who are solely liable for their content. The Australia Immigration Agency retains the right, in its sole discretion, to edit, refuse to post or remove any material submitted to or posted on the chat rooms, bulletin boards or on any other user or member generated webpages.

Related to the abovementioned, you should understand that if you voluntarily disclose personal information (such as your email address or username) on a chat room, bulletin board or on any other user or member generated webpages, that information might be obtained and utilized by others and may result in unsolicited communications from others.

Granting of Visa Is Not Guaranteed

You acknowledge and agree that the Australia Immigration Agency is a private company, not affiliated with Australia’s government, and that the Australia Immigration Agency has no involvement whatsoever in the decision to grant a visa to Australia. Furthermore, you understand and accept that Australia’s government has established the Australian immigration programs and their eligibility requirements and that only Australia’s government can make the decision, based on its own assessment and the procedures it has established, to issue an Australian visa. Consequently, you acknowledge and agree that there is no guarantee that you will be issued an Australian visa, whether you use the Australia Immigration Agency’s Offered Services or Products or whether you apply for Australian immigration by yourself. You understand and accept that the Australian government treats all applications equally, whether they are submitted by individuals or submitted by using the Australia Immigration Agency’s Offered Services, Products and/or Software. Thus, you acknowledge and agree that using the Offered Services, Products and/or Software of the Australia Immigration Agency does not guarantee that you will receive any kind of special treatment or faster processing for your Australian immigration procedure by Australia’s government.

Refund Policy

The Australia Immigration Agency reserves the right to decide, at its sole discretion, whether or not to issue a refund with regard to any Paid Products or relevant part(s) thereof. In the event that a refund is granted by the Australia Immigration Agency, the refund shall not be for more than the actual amount that was paid for the remaining credit outstanding to you in regards to any of the relevant Paid Products. Fees paid shall not be recoverable, without derogating from any provision of the Terms of Use, should the Australia Immigration Agency suspect, at its sole discretion, that you are in breach of the Terms of Use, including and without limitation, possible legal liabilities, engaging in immoral, fraudulent or illegal activities, or for other similar reasons, infringing someone else’s intellectual property rights, creating any problems with any of the Australia Immigration Agency’s Websites or Offered Services and Products or the use thereof, or if filing of the application is no longer possible because of any events that are beyond the control of the Australia Immigration Agency (examples include, but are not limited to, State Action and/or procedural or legislative changes, modifications made to the visa program regulations, economical resources, technological limitations, acts of nature, or acts of war). You understand and agree to this Refund Policy when you visit or utilize any of the Australia Immigration Agency’s Websites or Offered Services, Products or Software.

Breach

The Australia Immigration Agency, without derogating from or limiting our other remedies, shall have the right to immediately terminate your use of or access to the Offered Services, Products and/or Software in the case of any conduct which, in the judgment of the Australia Immigration Agency, interferes with the operation or use of the Offered Services, Products and/or Software or any activities that are in breach of the Terms of Use.

Termination

The Australia Immigration Agency reserves the right, at its sole discretion, at any time and without any prior notice, with or without cause and without any recourse, and with immediate effect, while not limiting other remedies, to restrict, suspend, or terminate your use of the Australia Immigration Agency’s Websites, Offered Services and Products and/or Software (including Paid Products) and to delete your user identification number and/or user account, and the use of any content or other material contained therein. The Australia Immigration Agency shall not be liable, regardless of the reason, for any damage arising from or caused by or in connection with such restriction, suspension or termination.

Economic Basis

You agree and acknowledge that the Australia Immigration Agency would not be able to provide the Offered Services and Products on an economic basis without the limitations of liability or damages set forth in the Terms of Use which are fundamental elements of the basis of the bargain between you and the Australia Immigration Agency.

Disclaimer of Warranties

The warranties stipulated in the Terms of Use, constitute the sole warranties of the Australia Immigration Agency and any of its owners, officers, directors, employees, agents, representatives, subsidiaries, divisions, affiliates, licensors or suppliers. Any warranties, expressed or implied, including without limitation, any warranty of merchantability or fitness for particular use or the legality of the any of the Australia Immigration Agency’s Websites or Offered Services, Products or Software, not expressly granted by the Australia Immigration Agency are hereby disclaimed.

ANY OF THE AUSTRALIA IMMIGRATION AGENCY’S WEBSITES OR OFFERED SERVICES, PRODUCTS OR SOFTWARE ARE PROVIDED ‘AS IS’, WITH NO WARRANTIES WHATSOEVER; THE AUSTRALIA IMMIGRATION AGENCY AND ANY OF ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUBSIDIARIES, DIVISIONS, AFFILIATES, LICENSORS OR SUPPLIERS DO NOT, EITHER EXPRESSED, IMPLIED OR STATUTORY, MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS WITH RESPECT TO ANY OF THE AUSTRALIA IMMIGRATION AGENCY’S WEBSITES OR OFFERED SERVICES, PRODUCTS OF SOFTWARE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE OR A PARTICULAR PURPOSE. THE AUSTRALIA IMMIGRATION AGENCY AND ANY OF ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUBSIDIARIES, DIVISIONS, AFFILIATES, LICENSORS OR SUPPLIERS FURTHER DO NOT REPRESENT OR WARRANT THAT THE AUSTRALIA IMMIGRATION AGENCY’S WEBSITES OR OFFERED SERVICES, PRODUCTS OR SOFTWARE WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DO THE AUSTRALIA IMMIGRATION AGENCY AND ANY OF ITS  OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUBSIDIARIES, DIVISIONS, AFFILIATES, LICENSORS OR SUPPLIERS WARRANT ANY SUCCESS OR ACCEPTANCE OF A VISA THROUGH ANY OF THE AUSTRALIA IMMIGRATION AGENCY’S WEBSITES OR OFFERED SERVICES, PRODUCTS OR SOFTWARE.

You may be able to access third party websites via the Australia Immigration Agency’ Websites. Your access to and use of any third party websites, including any information, goods or services made available from such websites, is governed by the terms and conditions found at each third party website, if any.

Regulations & Laws

Regulations and/or laws regarding immigration to Australia may be modified at any time and the particular circumstances and facts involved may affect how they are applied in any individual case. It is your responsibility to consult with your own professional Australian immigration expert(s) regarding your particular situation. Any responsibility for the adequacy or accuracy of any positions made by you in your application(s) is hereby disclaimed by the Australia Immigration Agency (www.australiaimmigrationagency.ca).

Indemnification

You agree to indemnify, defend and hold harmless the Australia Immigration Agency (www.australiaimmigrationagency.ca), its owners, officers, directors, employees, agents, representatives, subsidiaries, divisions, affiliates, licensors or suppliers, from and against all demands, losses, expenses, damages and costs, including reasonable attorneys’ fees, made against the Australia Immigration Agency by any third party due to or arising out of or in connection with your visit or use of any of the Australia Immigration Agency’s Websites or Offered Services, Products of Software. You agree to defend, hold harmless and indemnify the Australia Immigration Agency from and against any and all liabilities, damages, actions, costs, expenses, including without limitation attorneys’ fees, resulting from or arising of any and all third party claims, including without limitation your own. Since some jurisdictions do not allow some of the limitations or exclusions as set forth above, some of these limitations or exclusions may not apply to you. In such event, the liability will be limited as far as legally possible under the applicable legislation.

Liability Limitation

YOU AGREE AND ACKNOWLEDGE THAT THE AUSTRALIA IMMIGRATION AGENCY, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUBSIDIARIES, DIVISIONS, AFFILIATES, LICENSORS OR SUPPLIERS SHALL HAVE NO LIABILITY ARISING FROM OR IN CONNECTION WITH YOUR VISIT TO OR USE OF ANY OF THE AUSTRALIA IMMIGRATION AGENCY’S WEBSITES OR OFFERED SERVICES, PRODUCTS OR SOFTWARE. IN NO EVENT SHALL THE AUSTRALIA IMMIGRATION AGENCY, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUBSIDIARIES, DIVISIONS, AFFILIATES, LICENSORS OR SUPPLIERS  BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER FORM OF LIABILITY, FOR ANY INJURIES, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE VISIT OR USE OF ANY OF THE AUSTRALIA IMMIGRATION AGENCY’S WEBSITES OR OFFERED SERVICES, PRODUCTS OF SOFTWARE OR INABILITY TO USE SUCH, EVEN IF THE AUSTRALIA IMMIGRATION AGENCY, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUBSIDIARIES, DIVISIONS, AFFILIATES, LICENSORS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS, DISSATISFACTION OR DAMAGE IN CONNECTION WITH ANY OF THE AUSTRALIA IMMIGRATION AGENCY’S WEBSITES OR OFFERED SERVICES, PRODUCTS OR SOFTWARE OR THE USE OR VISIT THEREOF IS TO CEASE USE OF SUCH WEBSITES OR OFFERED SERVICES, PRODUCTS OR SOFTWARE.

In the event that, notwithstanding the other provisions of this User Agreement, the Australia Immigration Agency is found to be liable to you for any loss or damages which arise out of or is any way connected with the use of this Website or the Offered Services, Products or Software, the Australia Immigration Agency’s liability shall in no event exceed the lesser of (a) the amount paid by you for the Paid Product; or (b) $50.00 (Australian Dollars). Since some jurisdictions do not allow some of the limitations or exclusions as set forth above, some of these limitations or exclusions may not apply to you. In such event the liability will be limited as far as legally possible under the applicable legislation. In any case, all guarantees or warranties given or made by the Australia Immigration Agency with respect to the Offered Service or Product (1) are for the benefit of registered users of the Offered Service or Product who comply with the terms of the Terms of Use only and are not transferable, and (2) if you breach any terms or conditions of the Terms of Use shall be null and void.

Governing Law

You acknowledge and agree that all issues connected with your access to or use of the Website, Offered Products and/or Software, including all disputes, will be governed by the laws of Cyprus without regard to its conflict of law’s provisions. You agree to the personal jurisdiction by and venue in the District Court in Larnaka, Cyprus, and waive any objection to such jurisdiction or venue. Any claim under the User Agreement must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. In the event of any controversy or dispute between the Australia Immigration Agency and you arising out of or in connection with your use of the Website, Offered Products and/or Software, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If the parties are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law. Nothing herein will be construed as prohibiting the Australia Immigration Agency, with or without prior written notice, from applying to a court for an injunctive relief.

Miscellaneous

The Australia Immigration Agency’s entire liability and your exclusive remedy regarding any access of or use of any of the Australia Immigration Agency’s Websites or Offered Products or Software, are set forth in the Terms of Use and is a complete statement of the agreement between you and the Australia Immigration Agency.

The Terms of Use, and any rights and licenses granted hereunder, may not be assigned or transferred by you to others, but may be assigned without notice or restriction by the Australia Immigration Agency .

At any time and at its sole discretion, the Australia Immigration Agency may amend the Terms of Use by posting the amended Terms of Use on the relevant the Australia Immigration Agency Website. Any amended Terms of Use shall govern registrations for new users from the date that it is posted on such Website. Existing users shall be bound by the amended Terms of Use following the expiry of 14 days after the date of a Notice and your continued use of the Software following such date shall mean that you agree to and accept the amendments. No other amendment to the Terms of Use shall be effective.

Any failure to act by the Australia Immigration Agency regarding a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

The Terms of Use has headings that are utilized for reference purposes only and these headings in no way define, describe, construe, or limit the extent or scope of such section(s).

Any rights that the Australia Immigration Agency may have under copyright, patent, trade secret, or other laws are not in any way limited by the Terms of Use. Employees of the Australia Immigration Agency are not permitted and do not have the authority to modify the Terms of Use, or to make any additional commitments, representations, or warranties binding on the Australia Immigration Agency, except for those made in writing and signed by an authorized officer of the Australia Immigration Agency. In the event that any provision of the Terms of Use is unenforceable or invalid under applicable law, then it shall be, to the minimal extent possible, deemed omitted and the remaining provisions will continue in full force and effect.

In the event of a discrepancy or inconsistency between the original English language version of the Terms of Use and any translation of the Terms of Use in another language, the original English version shall prevail over the translation.

YOU HEREBY ACKNOWLEDGE AND AGREE EXPLICITLY THAT YOU HAVE READ THE AUSTRALIA IMMIGRATION AGENCY TERMS OF USE AND THAT YOU UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH IN THE AUSTRALIA IMMIGRATION AGENCY TERMS OF USE. FURTHERMORE, YOU HEREBY ACKNOWLEDGE AND AGREE EXPLICITLY THAT BY USING ANY OF THE WEBSITES, OFFERED PRODUCTS OR SOFTWARE OF THE AUSTRALIA IMMIGRATION AGENCY THAT YOU AGREE TO GRANT TO THE AUSTRALIA IMMIGRATION AGENCY THE RIGHTS SET FORTH IN THE TERMS OF USE AND TO BE BOUND BY ITS TERMS AND CONDITIONS.

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